Legal Opinion

Moye v. State

Court of Appeals of Georgia

Decided June 11, 1970No. 45380PublishedCited by 25 opinions

1Opinion of the Court

Eberhardt, Judge.

In his brief defendant argues that an identification procedure which involves only a face-to-face confrontation in the courtroom after the witness had observed the accused in situations indicating that he was the man on trial, with no opportunity for comparison or selection of the accused from a group, is so unnecessarily suggestive and conducive to irreparable mistaken identification as to constitute a denial of due process of law; that there was ample time prior to trial in which the prosecution could have arranged an adequate line-up; that independent recollection is a…

2Cases cited18 opinions

  1. United States v. WadeSupreme Court of the United States · 1967
  2. Simmons v. United StatesSupreme Court of the United States · 1968
  3. Stovall v. DennoSupreme Court of the United States · 1967
  4. Gilbert v. CaliforniaSupreme Court of the United States · 1967
  5. Spencer v. TexasSupreme Court of the United States · 1966

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3Cited by25 opinions

  1. Payne v. StateSupreme Court of Georgia · 1974
  2. Commonwealth v. JonesMassachusetts Supreme Judicial Court · 1972
  3. Code v. StateSupreme Court of Georgia · 1975
  4. People v. SolomonMichigan Court of Appeals · 1973
  5. People Ex Rel. Ingham County Prosecutor v. East Lansing Municipal JudgeMichigan Court of Appeals · 1972

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