Topic
Eyewitness Identification
49 published works
Legal Bites
Can Eyewitness Identification in a Pitch-Dark Night Be Relied Upon for Conviction?
An eyewitness may be sincere yet mistaken, particularly where identification takes place in darkness, from a considerable distance, or under inadequate illumination. In Kartika @ Kirtan @ Kirtan Charan Jena…
The Proof of Guilt
Guest Post: Flawed Vision — Rethinking Eyewitness Identification in Indian Criminal Trials
(This is a guest post by Viraj Thakur)How much weight should a 7-year-old memory carry in a murder trial? Courts in India have often answered: enough to convict.On 29 July…
EvidenceProf Blog
Indiana Passes Landmark Eyewitness Identification Reform Bill
By Colin Miller
Indiana has passed a new landmark eyewitness identification bill that is designed to address the leading cause of wrongful convictions. The bill was was championed by exonerees, the Notre Dame…
EvidenceProf Blog
Sixth Circuit Denies Qualified Immunity to Detective Who Did Suggestive Showup For Eyewitness in Wrongful Conviction Case
By Colin Miller
In contrast to a lineup of photo array, both of which feature a suspect and multiple "fillers," "[a] showup is a pretrial identification procedure where a witness is shown only…
ZMO Law Blog
Who killed Dr. Sheikh?
ZMO Law client Alvin Alston was framed by police in 1987 murder of a Queens doctor. The same police framed Felipe Rodriguez—leading to 27 years in New York State prison…
EvidenceProf Blog
Sixth Circuit Finds Trial Court Improperly Allowed Bank Manager to ID Bank Robber
By Colin Miller
Federal Rule of Evidence 701 provides thatIf a witness is not testifying as an expert, testimony in the form of an opinion is limited to one that is:(a) rationally based on…
EvidenceProf Blog
Sixth Circuit Finds No Brady Violation in Murder Appeal Despite State’s Failure to Disclose That Its Key Eyewitness Said Defendant Was NOT the Shooter on Night of Shooting
By Colin Miller
Pursuant to Brady v. Maryland, the prosecution has an affirmative obligation under the Due Process Clause to timely disclose material exculpatory evidence to the defense. So, in a murder/shooting case…
EvidenceProf Blog
Ninth Circuit Upholds Convictions Despite Flawed Facebook Eyewitness Identification
By Colin Miller
Eyewitness identifications are done best when they are done via a lineup or photo array in which the suspect does not stand out from the fillers. In United States v.…
EvidenceProf Blog
Supreme Court of New Mexico Makes Important Reforms to the Admissibility of Eyewitness Identification Evidence
By Colin Miller
In federal court and most state courts, Manson v. Brathwaite, 432 U.S. 98 (1977), sets the standard for the admissibility of eyewitness identification evidence.Under Manson, courts apply a two-part test…
EvidenceProf Blog
Utah Rule of Evidence 607 & Eyewitness Identifications
By Colin Miller
Last year, Utah enacted Utah Rule of Evidence 617, which governs eyewitness identifications. The Advisory Committee Note to the Rule states thatThis rule ensures that when called upon, a trial court…