325 Ga. App. 509
Ga. Ct. App.2014Background
- McCowan was convicted after a jury trial of two armed-robbery counts, four aggravated-assault counts, one burglary, and two false-imprisonment counts.
- He challenged the denial of his motion to suppress the pre-trial photographic lineup identification.
- The offenses occurred on July 13, 2009 surrounding an assault and robbery at a Stay Lodge hotel in Rome.
- Emanuel Orr transported McCowan and Kidd; McCowan and Kidd later robbed the Dickersons and attempted ATM withdrawal.
- The Dickersons identified McCowan and Kidd from separate photo lineups; Consuela identified McCowan, Rufus identified McCowan later.
- The trial court denied the suppression motion; McCowan appealed, arguing the lineup was impermissibly suggestive and prejudicial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the pre-trial lineup was impermissibly suggestive | McCowan argues the lineup was suggestive and prejudicial. | McCowan contends the method created a substantial risk of misidentification. | No reversible error; lineup not impermissibly suggestive under totality of circumstances. |
Key Cases Cited
- Ivey v. State, 277 Ga. 875 (Ga. 2004) (pre-trial identification not impermissibly suggestive in some contexts)
- Parker v. State, 273 Ga. App. 823 (Ga. App. 2005) (upholding denial of suppression with simultaneous array)
- Russell v. State, 319 Ga. App. 472 (Ga. App. 2012) (discusses standard for evaluating taint in identifications)
- Stephens v. State, 247 Ga. App. 719 (Ga. App. 2001) (cited for standard related to suppression rulings)
- 443 U.S. 307, 443 U.S. 307 (U.S. Supreme Court 1979) (implicit guidance on procedural taint in identification procedures)