Pretrial Identification

Criminal Law Update

People v Woolfolk, 304 Mich App 450; 848 NW2d 169 (2014)(feb’14). Years after a murder, police showed a witness a single photo of Defendant. Although conceding that this was “one of the most suggestive photographic identification procedures” the court held that under the totality of circumstances, including that the witness had identified Defendant by nickname prior to being shown a single photo, the procedure in this case did not deny due process. An independent basis was shown by the fact that the witness knew and grew up with the Defendant.