Powers v. State

Smith, Judge.

We granted this interlocutory appeal to review the trial court’s denial of Powers’ motions to quash certain in-court identifications which allegedly would be tainted by impermissibly suggestive pre-trial procedures. We conclude that the identification procedures employed here were unduly suggestive, that there was not proof of a *460sufficient independent source for the identifications, and, therefore, that the identification thus formed was tainted, and, if introduced at trial, would likely operate to deny appellant a fair trial. The judgment is reversed.

I. Facts

The appellant,…