State v. Lankford

MARTIN, Judge.

Defendants contend their in-court identification by Carolyn D. Catón was based on unnecessarily suggestive pretrial identification procedures which violated due process.

Our Court has generally held that an in-court identification of the accused by a witness who took part in such pretrial confrontation must be excluded unless it is first determined by the trial judge on voir dire that the in-court identification is of independent origin and thus not tainted by the illegal pretrial identification procedure. State v. Henderson, 285 N.C. 1, 203 S.E. 2d 10 (1974) ; State v. Bass, 280…