State v. Classen

*[699]SCHWAB, C. J.,

dissenting.

I would reverse and remand for a new trial on the ground that the identification evidence should have been suppressed. After developing that point, I will briefly note my disagreement with the majority’s treatment of one other issue: instructions-on-identification evidence and the sentencing problem

The majority correctly states the constitutional rules governing the admissibility of identification evidence. Those rules may be ephemeral, but they are the United States Supreme Court’s last word on the subject. The problem lies not in stating the rules, but in…