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STATE v. MITCHELL

No. 99,163.

275 P.3d 905 (2012)

STATE of Kansas, Appellee, v. Michael MITCHELL, Appellant.

Supreme Court of Kansas.

May 11, 2012.

Attorney(s) appearing for the Case

Ryan J. Eddinger , of Kansas Appellate Defender Office, argued the cause and was on the brief for appellant.

Julie A. Koon , assistant district attorney, argued the cause, and Nola Tedesco Foulston , district attorney, and Steve Six , attorney general, were with her on the brief for appellee.

The opinion of the court was delivered by BILES, J.:

Michael Mitchell was convicted of aggravated robbery based entirely on the victim's eyewitness identification. The victim picked Mitchell out of a photo lineup a few days after the robbery and indicated 100 percent certainty that Mitchell was the assailant. At trial, the victim testified he had known Mitchell for several months before the attack but did not know his name...

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