Thompson v. State
320 Ga. App. 46
Ga. Ct. App.2013Background
- Thompson was convicted of burglary based on an eyewitness identification by a resident of the burglary home.
- The witness knew Thompson as a neighbor/acquaintance of her daughter and recognized him at the scene.
- The witness identified Thompson in a May 13 photographic lineup immediately after police presented Thompson’s photo.
- Thompson moved to suppress the pretrial identification; the trial court denied the motion.
- At trial, the state introduced the pretrial identification and the witness again identified Thompson in court.
- The defense did not object to the admission of the pretrial identification at trial, and Thompson urged for suppression on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of in-court ID despite tainted pretrial lineup | State contends in-court ID has independent origin and is admissible. | Thompson argues taint from impermissibly suggestive lineup should bar in-court ID. | In-court ID admissible; independent origin. |
| Waiver of suppression objection for pretrial identification | State relies on waiver from failure to object at trial. | Thompson contends suppression objection preserved the issue. | Objection waived by trial conduct. |
Key Cases Cited
- Wilson v. State, 275 Ga. 53 (Ga. 2002) (recognizes independent-origin admissibility when pretrial ID tainted)
- Humphrey v. State, 281 Ga. 596 (Ga. 2007) (trial ID independent of tainted pretrial ID where witness knew defendant)
- Escobar v. State, 279 Ga. 727 (Ga. 2005) (independent-origin principle for in-court ID)
- Fletcher v. State, 277 Ga. 795 (Ga. 2004) (independent-origin admissibility guidance)
- Monroe v. State, 272 Ga. 201 (Ga. 2000) (waiver principle for suppression motions when no objection at trial)
- Dyer v. State, 233 Ga. App. 770 (Ga. App. 1998) (use of trial objection to concede point in suppression)