State v. Mojica, 316 Ga. App. 619

Mojica was indicted on kidnapping with bodily injury, robbery by force, aggravated assault, and two counts of aggravated battery for workplace assault on Raissian.
Three mistrials occurred before the trial court granted a third motion to reconsider the denial of suppression of identification and suppressed the identification.
Under OCGA § 5-7-1 (a) (4), the State appealed the suppression ruling.
The trial court treated Raissian’s identification as potentially impermissibly suggestive and granted suppression after three trials.
Raissian described the attacker, identified him via a worker badge, and officers later questioned cleaners; one cleaner, Mojica, left with his girlfriend to Chicago to avoid arrest.
The court proceeded with multiple rulings on timing and authority to reconsider during and after terms, ultimately affirming suppression.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the one-on-one identification was impermissibly suggestive and suppressible.	State	Mojica	No reversible error; substantial likelihood of misidentification found.
Whether the second and third motions for reconsideration were timely and properly considered.	State	Mojica	Court did not abuse discretion in considering out-of-term motions.
Whether the court could revoke the denial of suppression after the term ended due to changed evidentiary posture.	State	Mojica	Evidentiary posture changed; court properly reconsidered.

Moon v. State, 287 Ga. 304 (2010) (trial court authority to reconsider rulings; weight of evidence considerations)
Davis v. State, 203 Ga. App. 315 (1992) (extension of time rules; supremacy of substantive law)
Jones v. State, 273 Ga. 213 (2000) (Neil v. Biggers totality of circumstances framework)
Leeks v. State, 309 Ga. App. 724 (2011) (one-on-one showup admissibility considerations)
Neil v. Biggers, 409 U.S. 188 (1972) (establishes totality of the circumstances standard)