State v. Gaines

HUSKINS, Justice.

Defendant contends the court erred in permitting the prosecuting witness to identify him as her assailant on the ground that her in-court identification was based upon a pretrial lineup so unnecessarily suggestive and conducive to mistaken identification as to be a denial of due process under the Fourteenth Amendment.

The constitutional principles relied on by defendant are well established. Stovall v. Denno, 388 U.S. 293, 18 L.Ed. 2d 1199, 87 S.Ct. 1967 (1967), states that the “totality of circumstances” may show the use of lineup procedures “so unnecessarily suggestive and…