366 S.W.3d 625
Mo. Ct. App.2012Background
- Body was convicted by jury of first degree robbery and armed criminal action based on Burrows' identification.
- Burrows identified Body in a photo lineup and again in a physical lineup as the robber.
- Police used a facial-feature database to assemble a photo lineup including Body and others with similar features.
- Physical lineup presented Burrows with individuals of similar height/weight; Burrows identified Body with high certainty.
- State introduced both identifications and related testimony at trial; Body appeals alleging impermissibly suggestive procedures and unreliability.
- Court reviews only plain error since error not preserved, and affirms judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether identification evidence was admissible under due process. | State argues procedure not impermissibly suggestive. | Body contends procedures were unduly suggestive, undermining reliability. | Not plain error; procedures not impermissibly suggestive. |
| Whether the identification was more prejudicial than probative. | State maintains high probative value of ID. | Body argues identification was unreliable and prejudicial. | Not plain error; probative value outweighed prejudice; credibility for jury. |
| Whether the identification evidence should have been excluded due to unreliability regardless of suggestiveness. | State relies on reliability and certainty of Burrows. | Body argues unreliability due to limited viewing conditions. | Reliability issues go to weight, not admissibility absent suggestive procedures. |
Key Cases Cited
- Neil v. Biggers, 409 U.S. 188 (U.S. 1972) (factors for reliability of eyewitness identifications)
- State v. Chambers, 234 S.W.3d 501 (Mo.App. E.D.2007) (single suspect appears in both lineups not inherently suggestive)
- State v. Trimble, 654 S.W.2d 245 (Mo.App. S.D.1983) (initial photo ID followed by physical lineup not inherently suggestive)
- State v. Lawhorn, 762 S.W.2d 820 (Mo. banc 1988) (expert testimony on unreliability limited; burden on reliability analysis)
- U.S. v. Wade, 388 U.S. 218 (U.S. 1967) (reliability and procedures surrounding eyewitness identifications)
- Mitchell v. Kardesch, 313 S.W.3d 667 (Mo. banc 2010) (admissibility and weighing of identification evidence)