Wednesday, April 09, 2008

Eyewitnesses' ID of Defendant Admissible Despite Leading Questions

Corbett v. State of Kansas, 2008 WL 901179 (4/3/08) (unpub'd) - Leading questions of eyewitnesses at a deposition with the defendant present were insufficiently suggestive to give rise to a substantial likelihood of misidentification so as to warrant suppression of the eyewitnesses' deposition identification of the defendant, even though both eyewitnesses had previously identified someone else as the perpetrator.