Tuesday, February 28, 2012

KY COA Feb 17th - Parker - Eyewitness Identification

Parker v. Commonwealth, 2010-CA-001371, To Be Published—

The Court of Appeals reversed the trial court’s denial of suppression.  The purse snatch victim was shown still photos pulled from store surveillance camera and then asked to identify the co-defendant, who named Mr. Parker.  Mr. Parker joined in suppression motion filed by co-defendant.  Commonwealth was prevented from asserting standing defense for first time on appeal and the Court held on the merits that the trial court had abused his discretion in not suppressing bad identification when Commonwealth produced no evidence to support a finding on 3 of the 5 Biggers factors.

Contributed by Erin Yang