Johnson v. State
| Docket Number: | 2003-KA-00092-COA Linked Case(s): 2003-CT-00092-SCT ; 2003-KA-00092-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 05-11-2004 Opinion Author: Lee, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Armed robbery - Pre-trial identification Judge(s) Concurring: King, C.J., Bridges and Southwick, P.JJ., Thomas, Irving, Myers, Chandler and Griffis, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 11-18-2002 Appealed from: Hinds County Circuit Court Judge: Bobby DeLaughter Disposition: ARMED ROBBERY - SENTENCED TO THIRTY YEARS IN THE CUSTODY OF MDOC. District Attorney: Eleanor Johnson Peterson Case Number: 01-1-432 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Roger Johnson |
DAN W. DUGGAN |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: DEIRDRE MCCRORY |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Armed robbery - Pre-trial identification |
| Summary of the Facts: | Roger Johnson was convicted of armed robbery and sentenced to thirty years. He appeals. |
| Summary of Opinion Analysis: | Johnson argues that the on-the-scene identification violated Johnson's due process rights and prevented him from receiving a fair trial. Factors to be weighed in determining whether the likelihood of misidentification is so great as to violate the suspect's due process rights include the witness's opportunity to view the criminal at the time of the crime; the witness's degree of attention; the accuracy of the witness's prior description; the level of certainty; and the length of time between the crime and the confrontation. Here, the victim had the opportunity to view Johnson two or three times before the armed robbery occurred; he testified that he was indeed paying attention before, during, and after the robbery; he gave a detailed description of Johnson that was largely accurate; he was unequivocal in his ability to identify Johnson on four separate occasions; and about thirty minutes passed between the time of the robbery and the identification of Johnson as the robber. This is credible evidence supporting the trial court's ruling that the show-up was sufficiently reliable. |
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