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. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues