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Home / Courts / Criminal Practice – Evidence – Eyewitness ID – ‘Show-up’ – Neil v. Biggers Hearing – Witness’ Familiarity with Defendant (access required)

Criminal Practice – Evidence – Eyewitness ID – ‘Show-up’ – Neil v. Biggers Hearing – Witness’ Familiarity with Defendant (access required)

State v. Liverman Even though the trial court should have conducted a full Neil v. Biggers in camera hearing to determine whether a witness’s “show-up” identification of defendant was unduly suggestive, the error was harmless here given the witness’ familiarity with defendant before the shooting, his opportunity to see defendant at the time of the shooting, his prompt identification of defendant as the shooter, his description of defendant’s clothing, and his confirmation of his prior identification of defendant at the “show-up.”

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