State v. DM

N/A

OUTCOME: Case is dismissed

Client was charged with a shooting homicide. We mounted a vigorous defense of mistaken identification. With an expert, we challenged the out-of-court identification even though the police procedure was ... not impermissibly suggestive. In sum, the estimator variables are so unreliable that allowing the identification at trial would be extremely prejudicial and substantially outweighs its probative value. The trial court granted our motion to suppress out-of-court identification.