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LOSERTH v. STATE

No. 04-94-00268-CR.

985 S.W.2d 536 (1998)

Ralf P. LOSERTH, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Discretionary Review Refused May 12, 1999.

Attorney(s) appearing for the Case

Mark Stevens, Jeffrey J. Pokorak, San Antonio, for Appellant.

Daniel Thornberry, Assistant Criminal District Attorney, San Antonio, for Appellee.

Before PHIL HARDBERGER, Chief Justice, TOM RICKHOFF, Justice and SARAH B. DUNCAN, Justice.

OPINION

PHIL HARDBERGER, Chief Justice.

This murder case, involving an in-court identification, was decided by this court in 1996. We reversed the trial court, after conducting a de novo review, finding that the in-court identification of appellant was wrongly admitted because it was tainted by the impermissibly suggestive pretrial photographic identification in violation of appellant's due process rights. Loserth v. State,

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