102 So. 3d 260
Miss.2012Background
- Butler was convicted of manslaughter and sentenced to 20 years in the MDOC.
- Four eyewitnesses identified Butler in pretrial lineups and in court: Pappas, Harris, Terrell, Crawford.
- Pappas’s lineup included a height ruler; Butler was the only suspect near the allegedly stated height.
- Terrell’s identification began with Butler but she later chose another suspect; Crawford could not identify.
- Trial court denied Butler’s motions for suppression and for a new trial; appellate review follows.
- Court affirms conviction and sentence, addressing suppression, reliability, and weight-of-evidence challenges.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Pappas’s lineup impermissibly suggestive? | Butler argues lineup singled him out via height ruler. | Butler contends lineup was not impermissibly suggestive. | Lineup impermissibly suggestive; but reliability supports admissibility. |
| Was Pappas’s pretrial identification reliable under Biggers? | Identification tainted by suggestive lineup. | Biggers factors favor reliability; identification admissible. | Identification reliable under Biggers factors. |
| Is Pappas’s in-court identification reliable despite suggestive pretrial identification? | Pretrial taint taints in-court ID. | In-court ID allowed if overall reliability remains. | In-court identification reliable; Biggers factors support reliability. |
| Was Terrell’s pretrial lineup impermissibly suggestive and was her in-court ID reliable? | Terrell’s identification process was suggestive. | Pretrial lineup not impermissibly suggestive; credibility for jury. | No impermissible suggestiveness; in-court ID admissible; credibility for jury. |
| Did the trial court abuse its discretion denying a new trial? | Weight of eyewitness testimony undermines verdict. | Jury credibility determinations were proper; evidence supports verdict. | No abuse; denial of new trial affirmed. |
Key Cases Cited
- Gray v. State, 728 So.2d 36 (Miss.1998) (substantial credible evidence standard for suppression rulings)
- York v. State, 413 So.2d 1372 (Miss.1982) (Biggers reliability framework applied in pretrial identifications)
- Biggers v. United States, 409 U.S. 188 (U.S.1972) (Five-factor reliability test for identifications)
- Doby v. State, 532 So.2d 584 (Miss.1988) (eyewitness testimony sufficiency with corroboration doctrine)
- Simmons v. United States, 390 U.S. 377 (U.S.1968) (photo array identifications without impermissible emphasis)