State v. Dana Gallop
89 A.3d 795
| R.I. | 2014Background
- December 13–14, 2008: shooting outside Passions nightclub in Providence after Kid Capri performance; Parrish killed, Hardy wounded; Green (Parrish’s friend) and Barboza (Parrish’s friend) eyewitnesses with differing identifications; Gallop from Dorchester linked to shooting; multiple charges including murder and firearms offenses; trial court admitted eyewitness identifications and Batson challenges; conviction affirmed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Green’s photographic array identification unduly suggestive and inadmissible? | Gallop argues unconstitutionally suggestive array. | State contends array was fair and reliable. | No; array not unnecessarily suggestive; reliable under totality of circumstances. |
| Did the peremptory challenges of jurors 148 and 100 violate Batson? | Gallop asserts purposeful discrimination in strikes. | State offered race-neutral reasons for both challenges. | No clear error; reasons race-neutral and not pretextual; no Batson violation. |
| Were any errors in handling independent recollection vs. suggestive procedures? | Gallop claims independent recollection not demonstrated. | State relies on witnesses’ confident identifications. | Identification and procedures, viewed together, were admissible under applicable standards. |
Key Cases Cited
- State v. Patel, 949 A.2d 401 (R.I. 2008) (standard for reviewing eyewitness identification suppression)
- State v. Texter, 923 A.2d 568 (R.I. 2007) (two-step analytical framework for identifications; reliability factors)
- State v. Gatone, 698 A.2d 230 (R.I. 1997) (analysis of suggestiveness and independent reliability in lineups)
- State v. Brown, 42 A.3d 1239 (R.I. 2012) (identification reliability in totality of circumstances)
- State v. Imbruglia, 913 A.2d 1022 (R.I. 2007) (upholding admissibility despite certain suggestive context)
- State v. Turner, 561 A.2d 869 (R.I. 1989) (discussion on simultaneous vs. sequential photo displays)
- Batson v. Kentucky, 476 U.S. 79 (U.S. 1986) (prohibition against racial discrimination in peremptory challenges)
- State v. Pona, 926 A.2d 592 (R.I. 2007) (peremptory challenge race-neutral reasons; pretext analysis (Pona I))
- State v. Pona, 66 A.3d 454 (R.I. 2013) (extended Batson framework; deference to trial court rulings (Pona II))
- State v. Austin, 642 A.2d 673 (R.I. 1994) (prima facie case moot after race-neutral explanation)