State v. Alves

The Supreme Court affirmed the judgment of the superior court convicting Defendant of robbery in the first degree and conspiracy after a jury trial.On appeal, Defendant requested a new trial on the grounds that the trial justice erred in admitting into evidence identification testimony and a photograph identification. The Supreme Court affirmed the judgment of the superior court, holding (1) the trial justice did not abuse his discretion in admitting the contested identification testimony because the testimony was not impermissible hearsay; and (2) the trial justice did not abuse his discretion in admitting a single photograph of Defendant into evidence because the use of a single photograph was not unduly suggestive and did not implicate Defendant’s right to due process. View "State v. Alves" on Justia Law