The
SD Supreme Court handed down one decision this morning, holding, inter alia:
- “Show-up identification” by eye-witnesses tolerated;
Summary
follows:
STATE
v. OSMAN, 2024 S.D. 15: Defendant was convicted of offenses related to a
vehicle collision with a parked vehicle where the driver fled the scene on
foot. Eye witnesses identified Defendant in a “show-up identification” procedure, 20 minutes
after the incident, with respect to a suspect the police had apprehended
nearby. The trial court sentenced the
Defendant to 5 years in prison. This
appeal is primarily focused on the the trial court’s refusal to suppress the “show-up
identification” made
by the eyewitnesses to the incident. The
SD Supreme Court affirmed, while recognizing that, “
‘[s]how-up identifications are inherently suspect.’” This ruling is a 4-1
decision, with the Court’s opinion authored by Justice Kern. Justice Myren dissented, stating that, “There
[had been] a substantial likelihood of misidentification because of an
impermissibly suggestive identification procedure.”
This
decision may be accessed at
http://ujs.sd.gov/Supreme_Court/opinions.aspx .
