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To: Jezebelle
The photo IDs can be tossed but there is still the opportunity for Mangum to make in-court IDs unless the motion to preclude that is granted.

They may be legally separate, but I would think it very unlikely for one to be quashed without the other. If improper tactics were used to make a witness believe that the person in a photograph committed a crime, such belief would likely cause the witness to identify the person shown in the photograph as having committed in the crime, whether or not the witness had ever seen that person before.

323 posted on 01/01/2007 9:10:09 PM PST by supercat (Sony delenda est.)
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To: supercat

I do agree this is probably a theoretical argument. When the photo array ID is tossed, I suspect that in court IDs will very likely be barred too.


324 posted on 01/01/2007 9:16:05 PM PST by JLS
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To: supercat

I don't disagree that if the motion to toss the photo line-up IDs is granted, it's likely the other issue of the in-court will be also granted, but it's not automatic. The question calls for a separate ruling.

Right now this case is mostly about procedure and the fact that the two forms of identification are separate is an important distinction.


342 posted on 01/02/2007 3:55:38 AM PST by Jezebelle (Our tax dollars are paying the ACLU to sue the Christ out of us.)
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