Leeks v. State, 309 Ga. App. 724

Victim, 19, testified Leeks approached her selling hats, offered different payments, then offered a sack of crack for sex; victim refused.
Leeks produced a gun, pressed it to the victim's head, grabbed her neck, fired but the gun misfired, and told her to leave.
Victim fled, later identified Leeks in a photo at hospital after recognizing him from neighborhood familiarity.
Police used victim's identification and neighborhood corroboration to arrest Leeks; warrant obtained for Leeks's apartment.
Air pistol found in Leeks's apartment; victim identified air pistol as the firearm Leeks pointed at her.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of evidence for identity	Leeks contends State failed to identify him as the assailant	State presented sufficient evidence under Jackson v. Virginia	Evidence sufficient beyond reasonable doubt
Pre-trial identification suppression	Show-up with a single photo was impermissibly suggestive	Identification procedure reliable under circumstances	Denial of suppression upheld; not impermissibly suggestive
Jury instruction on witness certainty	Instruction allowing certainty level violated Brodes	No objection; instruction waived	Waived; no reversible error

Jackson v. Virginia, 443 U.S. 307 (U.S. Supreme Court, 1979) (sufficiency standard for criminal conviction)
Crawford v. State, 297 Ga.App. 187, 676 S.E.2d 843 (Ga. Ct. App., 2009) (reliability of eyewitness identification factors)
Wright v. State, 302 Ga.App. 101, 690 S.E.2d 220 (Ga. Ct. App., 2010) (showup identification analysis)
McBride v. State, 297 Ga.App. 421, 677 S.E.2d 438 (Ga. Ct. App., 2009) (factors for reliability of identification)
Jennings v. State, 277 Ga.App. 159, 626 S.E.2d 155 (Ga. Ct. App., 2006) (identification reliable under circumstances)
Bartlett v. State, 244 Ga.App. 49, 537 S.E.2d 362 (Ga. Ct. App., 2000) (identification reliability considerations)