Nelson v. State

The study of cross-racial identification has come a long way since the Court of Criminal Appeals decided the case of Rodgers v. State, 468 S.W.2d 852 (Tex.Crim.App.1971).1 As the court said in United States v. Stevens, *672935 F.2d 1380, 1392 (3rd Cir.1991), scholarly literature attacking the trustworthiness of cross-racial identification is legion.2 Most scientific studies support a finding that cross-racial identifications are less accurate than the same-race identifications. See Johnson, Cross-Racial Identification Errors in Criminal Cases, 69 Cornell L.Rev. 934 (1984). This is generally…