Lee v. State
Lee v. State
Opinion of the Court
Defendant was convicted of armed robbery, kidnapping and possession of a firearm by a convicted felon, having been indicted separately with reference to the last offense. Defendant’s motion for new trial was filed, heard and denied, and the defendant appeals. Held:
All of the defendant’s enumerations of error are concerned with the in-court identification of the defendant by the victim in which the defendant contends it was irreparably tainted by impermissible pretrial identification procedures. The trial court denied the defendant’s motion to suppress all identification testimony, and error is enumerated that the police irreparably tainted the identification of the defendant during the defendant’s appearance in a physical lineup several days after his arrest and incarceration, the procedure being impermissibly suggestive and done without benefit of requested counsel in the absence of waiver of counsel constituting a violation of defendant’s Sixth Amendment right to counsel. We find no merit in the defendant’s complaints. The state’s evidence disclosed that the defendant brandished a pistol in a parking lot and directed the victim to get back in his motor vehicle. The victim was
Judgment affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.