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KIRKLAND v. STATE

S21A0113.

854 S.E.2d 508 (2021)

KIRKLAND v. The STATE.

Supreme Court of Georgia.

Decided: February 1, 2021.

Attorney(s) appearing for the Case

Michael Wayne Tarleton , Office of the Appellate Defender, 104 Marietta Street NW, Suite 600, Atlanta, Georgia 30303, for Attorneys for the Appellant.

Paul L. Howard, Jr. , District Attorney, Kevin Christopher Armstrong , Senior A.D.A., Fulton County District Attorney's Office, 136 Pryor Street, 4th Floor, Atlanta, Georgia 30306, Stephany Julissa Luttrell , A.D.A., Fulton County District Attorney's Office, 4776 Terramond Lane, 4th Floor, Smyrna, Georgia 30080, Mark Samuel Lindemann , Assistant Attorney General, Christopher M. Carr , Attorney General, Patricia B. Attaway Burton , Deputy Attorney General, Paula Khristian Smith , Senior Assistant Attorney General, Department of Law, 40 Capitol Square SW, Atlanta, Georgia 30334, for Attorneys for the Appellee.

Johnathon Kirkland appeals his convictions for malice murder and related offenses, contending in a single enumeration that the trial court erred by failing to suppress an identification of him made by means of a photo lineup.1 Specifically, Kirkland contends that

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