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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.

 

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  • 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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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