State v. Battle

WEBB, Judge.

Under his first assignment of error the defendant argues that the photographic lineups were impermissibly suggestive and it was error to admit testimony as to these lineups. The defendant argues under the same assignment of error that Tracey Grady’s in-court identification was tainted by the lineup and should have been excluded.

The defendant argues that it was impermissibly suggestive for the defendant to be the only person to appear in a different photograph in the first two lineups and for the change of the defendant’s photograph to be the only difference between the second and…