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State v. Benson

December 14, 2021

The State charged the defendant with a gunpoint robbery. Two critical issues were that the investigating police officers violated State v. Henderson when, while administering a sequential photo array, a policed officer said, “It has to be a yes or a no. We can’t be in the middle.” Prior to that, the witness had reviewed the photos numerous times and had always been equivocal. Once he was informed he could not be “in the middle”, he positively identified the defendant. In addition, when the detectives interrogated the defendant, they did not inform him of the charges against him, in violation of State v. Sims, State v. A.G.D., and State v. Vincenty.

20210204 Brief in Support of Motion to Suppress Statement
20200309 Brief in Support of Motion to Suppress ID

 

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