Dennis v. State
| Docket Number: | 2003-KA-00221-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-19-2004 Opinion Author: Irving, J. Holding: Affirmed |
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| Additional Case Information: |
Judge(s) Concurring: King, C.J., Bridges and Lee, P.JJ., Myers, Chandler, Griffis, Barnes and Ishee, JJ. Procedural History: Jury Trial Nature of the Case: CRIMINAL - FELONY |
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| Trial Court: |
Date of Trial Judgment: 11-21-2002 Appealed from: Carroll County Circuit Court Judge: Joseph H. Loper Disposition: ARMED ROBBERY- SENTENCED TO SERVE A TERM OF 27 YEARS IN THE CUSTODY OF MDOC. District Attorney: Doug Evans Case Number: 2002-0009-CR-1 |
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| Party Name: | Attorney Name: | |||
| Appellant: | Henry Lee Dennis |
RAYMOND M. BAUM |
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| Appellee: | State of Mississippi | OFFICE OF THE ATTORNEY GENERAL BY: JOHN R. HENRY |
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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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| Summary of the Facts: | Henry Dennis was convicted of armed robbery and was sentenced to twenty-seven years. He appeals. |
| Summary of Opinion Analysis: | Dennis argues that the evidence of a witness's identification of him in a photographic lineup should have been excluded, because the differences between his photo and the others are blatantly obvious. Dennis takes issue with the photographic lineup because his photograph was a driver’s license picture, while the other photographs were pictures of inmates. However, the minor differences in the appearance of Dennis’s photograph are not so distinctive as to improperly single him out. While the other photographs are marked with “Carroll Co. Det. Center” and Dennis’s photograph seems to be slightly larger than the others, all pictures of the lineup have the same format, that is, the picture and biographical information of each person. Moreover, the men in the photographs seem to be of similar complexion. Even if the photographic lineup was impermissibly suggestive, this would not be a basis for reversing Dennis's conviction because he confessed to the crime. |
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