STATE v. LYONS

No. M2012-01635-CCA-R9-CD.

STATE OF TENNESSEE, v. DOMINIC LYONS.

Court of Criminal Appeals of Tennessee, at Nashville.

Filed May 2, 2013.


Attorney(s) appearing for the Case

Robert E. Cooper, Jr. , Attorney General and Reporter; Rachel Harmon , Assistant Attorney General; Victor S. Johnson III , District Attorney General; and Megan King , Assistant District Attorney General, for the appellant, State of Tennessee.

Sunny Eaton and Richard McGee , Nashville, Tennessee, for the appellee, Dominic Lyons.

JAMES CURWOOD WITT, JR., J., delivered the opinion of the Court, in which JOSEPH M. TIPTON, P.J., and PAUL G. SUMMERS, SR. J., joined.


OPINION

JAMES CURWOOD WITT, Jr., Judge.

In this interlocutory appeal, the State challenges the trial court's ruling suppressing the out-of-court identification of the defendant via a photograph array and the subsequent in-court identification by the same witness at the suppression hearing. The State contends that the trial court erred by deeming the identification procedure unduly suggestive. Discerning no error, we affirm the judgment of the trial court...

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