Opinion examines use of sole eyewitness testimony

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The Indiana Court of Appeals delved into the issues surrounding the reliance on just one witness’s identification and testimony regarding the person who robbed her to convict the defendant.

In Anthony D. Gorman v. State of Indiana, No. 49A05-1110-CR-556, Anthony Gorman appealed his convictions of two counts of Class B felony robbery while armed with a deadly weapon. He was accused of robbing at gunpoint a couple while they sat in their car. The woman, Samantha Daniels, positively identified Gorman as the man who robbed them and testified that she was “100 percent” sure it was Gorman. Prosecutors didn’t recover the gun allegedly used in the crime.

Gorman argued that there should be some kind of evidence corroborating the identification by Daniels in order for there to be sufficient evidence to support his conviction. But Indiana Supreme Court precedent, Richardson v. State, 270 Ind. 566, 569, 388 N.E.2d 488, 491 (1979), holds that where a defendant’s conviction is based upon his identification as the perpetrator by a sole eyewitness, such identification is sufficient to sustain a conviction if the identification was unequivocal.

Under this precedent, Daniels’ in-court identification of Gorman as the robber was sufficient to support his convictions, the judges held. They also concluded that there is sufficient evidence to show he possessed a deadly weapon when he robbed the Danielses, finding that even though the couple’s testimony regarding the gun didn’t match, both said they saw Gorman with a gun.

The appellate court did explore other cases and studies on reliability issues that may arise with eyewitness identification, as well as instances of people being falsely convicted based on inaccurate eyewitness identifications. The court found it would be unwise to alter the rule stated in Richardson, thus allowing appellate courts to second-guess a fact-finder’s assessment of testimony.

“There would be potentially substantial criminal justice costs if a sole eyewitness’s identification of a defendant were not enough to sustain a conviction. Often times, despite the efforts of law enforcement, there simply is no other evidence to be found,” wrote Judge Michael Barnes.



  • One more court failure!
    If a person can be convicted on the testimony of only one eyewitness, any person could have hundreds even thousands of innocent people sent to prison. Perhaps this is part of the reason an estimated10,0000 innocent people are convicted in the United States each year!

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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.