Smith's Criminal Case Compendium
Table of Contents
State v. Stowes, 220 N.C. App. 330 (May. 1, 2012)
(1) In a store robbery case, the court found no plain error in the trial court's determination that a photo lineup was not impermissibly suggestive. The defendant argued that the photo lineup was impermissibly suggestive because one of the officers administering the procedure was involved in the investigation, and that officer may have made unintentional movements or body language which could have influenced the eyewitness. The court noted that the eyewitness (a store employee) was 75% certain of his identification; the investigating officer’s presence was the only irregularity in the procedure; the eyewitness did not describe any suggestive actions on the part of the investigating officer; and there was no testimony from the officers to indicate such. Also, the lineup was conducted within days of the crime. The perpetrator was in the store for 45-50 minutes and spoke with the employee several times. (2) The trial court did not commit plain error by granting the defendant relief under the Eyewitness Identification Reform Act (EIRA) but not excluding evidence of a pretrial identification. The trial court found that an EIRA violation occurred because one of the officers administering the procedure was involved in the investigation. The court concluded: “We are not persuaded that the trial court committed plain error by granting Defendant all other available remedies under EIRA, rather than excluding the evidence.”