Summary
The Colorado Supreme Court determined a photo array was improperly suggestive. The defendant's ethnicity and background made the individual stand out in the array. The case was sent back to the lower court. This was done to allow for a determination of whether the eyewitness identifications were reliable despite the suggestive photo array.
Summary
The Colorado Supreme Court determined a photo lineup was improperly suggestive. This was because the defendant's appearance, specifically their ethnicity and background, made them stand out from the other individuals in the photographs. The case was sent back to a lower court to decide if the eyewitness identifications could still be considered trustworthy despite the suggestive photo array.
Summary
The Colorado Supreme Court determined that a photo lineup was improperly put together. The defendant's ethnicity and background made them stand out too much in the group of photos. The case was sent back to a lower court. That court must now decide if the witness's identification of the person can still be trusted, even with the flawed photo lineup.
Summary
The Colorado Supreme Court decided that a group of photos shown to a witness was not fair. The person accused of a crime looked different from the others in the photos because of their race and background. The court sent the case back to a lower court to decide if the witness's identifications were still trustworthy, even with the unfair photos.