Miami man faced 20 years until he watched video of the crime and saw his brother’s faceRead More
Eyewitness ID
When memory and justice fail us
U.S. v. Nolan (2020)
In this Second Circuit U.S. Court of Appeals case, Judge Jed Rakoff finds ineffective assistance of counsel for failure to challenge the unreliable eyewitness identification evidence in the case. Counsel failed to consult with an expert, abandoned a pre-trial motion to preclude the eyewitness identification evidence, and failed to move to exclude a prejudicial photo …
Darrill Henry’s Double Murder Conviction Overturned in New Orleans
State v. Newsuan, 837 S.E.2d 728 (2020)(unpub)
The court held that it was not plain error for a detective to testify as a lay witness that the defendant was displaying gang signs with his hands.
How witness identifications send innocent people to prison
Senator Wiener Introduces Legislation to Prevent Wrongful Convictions Resulting from Faulty Expert Witness Testimony
Eyewitness Evidence: Science, Law and Lessons
Stetson University College of Law National Clearinghouse for Science, Technology and the LawComplimentary Forensic Science Webinar Series Funded by the U.S. Department of Justice, Capital Case Litigation Initiative Webinar Presenter: Professor Jules Epstein, Director of Advocacy Programs, Temple University The 16th webinar in the Crime Scene to Courtroom webinar series will cover eyewitness identification evidence …
A decades-old rape test sent him to prison. Then his high school girlfriend saw an old photograph.
Wrongfully imprisoned for 43 years. Here’s the story of how he was freed.
DA won’t retry wrongfully convicted Wilson man who spent 40 years in prison
Contaminated Memories
Wrongfully convicted Wilson man freed after four decades in prison
State v. Rogers, 355 N.C. 420, 432 (2002)
The test in North Carolina for identification procedures prior to the enactment of the EIRA was stated in State v. Rogers, 355 N.C. 420, 432 (2002) as follows: Whether an identification procedure is unduly suggestive depends on the totality of the circumstances. State v. Pigott, 320 N.C. 96, 99 (1987). A due process analysis requires a …
Brief Bank
For briefs on eyewitness identification issues, including showups, photo arrays, independent basis for in-court identification, expert witness on identification, and jury instruction on identification, visit the Identification of Accused section of the Indigent Defense Services Brief Bank.