“The admission of expert testimony on the reliability of eyewitness testimony is left to the discretion of the trial court. Where eyewitness identification of the defendant is the key element of the state’s case and there is no substantial corroboration of that identification by other evidence, trial courts may not exclude expert testimony without carefully weighing whether the evidence would assist the jury in assessing the reliability of the eyewitness testimony.”
“Grabowski v. State, 234 Ga. App. 222, 507 S.E.2d 472.
The victim identified a van being driven by the perpetrator of an attempted burglary (she only saw the vehicle, not the perpetrator). The police arrested the defendant and brought the victim to the scene of the arrest to determine if she could identify the van, which she did. The defense argued that this identification should be excluded on the basis that it amounted to a “show-up” that was unreliable. Jurisprudence applying to the show-up of people should not apply to inanimate objects.
“1997)—Campbell v. State, 228 Ga. App. 258, 491 S.E.2d 477.
The audiotape voice lineup that was used in this case was not impermissibly suggestive. The defendant made a certain statement during his interrogation and then the State obtained five similar voice exemplars from which the victim chose the defendant’s voice.
(1993)—Wade v. State, 208 Ga. App. 700, 431 S.E.2d 398.
A police officer was permitted to testify that an eyewitness to the armed robbery chose the defendant’s photograph from a photo spread. The eyewitness was not present at trial. This was permissible testimony: A law enforcement officer is permitted to testify to a vocal fact of identification witnessed by himself without its being subject to a hearsay objection.
(1981)—Pope v. State, 157 Ga. App. 154, 276 S.E.2d 666.
The trial court committed reversible error in failing to instruct the jury on the law relating to fingerprint evidence. Instructions on circumstantial evidence and expert testimony are not an adequate substitute.”
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