CopyCited 10 times | Published | Supreme Court of Georgia | Apr 6, 2020 | 308 Ga. 428
...v. State,
286 Ga. 884, 888 (692 SE2d
374) (2010) (citation and punctuation omitted).
To argue that the prosecutor used an unduly suggestive
identification procedure here, Roseboro points to the prosecutor’s
alleged noncompliance with OCGA §
17-20-2,7 a Georgia statute that
7 OCGA §
17-20-2 (a) and (b) provide:
(a) Not later than July 1, 2016, any law enforcement agency
that conducts live lineups, photo lineups, or showups shall adopt
written policies for using such procedures for the purpose of
det...
... requires law enforcement agencies to adopt written policies for photo
lineups (as well as “live lineups” and “showups”), to argue that the
prosecutor showing Ellison photos on Anderson’s phone was
impermissibly suggestive. However, even assuming that OCGA
§
17-20-2 applies here and that the prosecutor failed to comply with
it, noncompliance with the statute would not result in the automatic
exclusion of Ellison’s identification....
CopyCited 6 times | Published | Supreme Court of Georgia | Feb 15, 2022 | 313 Ga. 178
...Pay no attention to markings or numbers appearing
in any particular photograph.
Please do not discuss with witnesses whether or not you
have selected a photograph during this showing.
9 We note that this procedure appears to comport with guidelines set
forth in OCGA §
17-20-2, which requires law enforcement agencies to establish
a policy for the conduct of live lineups, photo lineups, and “showups.” With
respect to photo lineups, such policy must include having an individual who
does not know the identity o...
...Moreover, when Agee saw
Anderson in Newton’s apartment, Anderson was wearing a hat and
presented to the witness so that the individual conducting such procedure
cannot physically see which photograph is being viewed by the witness until
the procedure is complete[.]” OCGA §
17-20-2 (b) (2) (B). The person
administering the lineup is also to instruct the witness “that the perpetrator
of the alleged crime may or may not be present in the . . . photo lineup[.]” OCGA
§
17-20-2 (b) (3). The photo lineup should be composed such that the fillers
“generally resemble the witness’s description of the perpetrator of the alleged
crime[,]” OCGA §
17-20-2 (b) (4), and should have a minimum of five fillers.
OCGA §
17-20-2 (b) (5)....
...necessarily referencing a numeric or percentage standard, a clear
statement from the witness as to the witness’s confidence level
that the . . . photograph identified is the . . . photograph of the
individual who committed the alleged crime.
OCGA §
17-20-2 (b) (6)....
CopyCited 6 times | Published | Supreme Court of Georgia | Feb 1, 2021 | 310 Ga. 738
...t to any
challenge to an identification; provided however, that such failure
shall not mandate the exclusion of identification evidence.”). See
also Roseboro v. State,
308 Ga. 428, 433-434 (2) (a) (841 SE2d 706)
(2020) (even assuming that OCGA §
17-20-2 applies to a procedure
in which a photo lineup was conducted using pictures on a phone,
non-compliance with the statute would not result in the automatic
exclusion of an identification); United States v. Everett, Case No.
1:17-CR-020-RWS-JKL, 2019 WL 6458425, at *3 (N.D. Ga. July 5,
2019) (failure to follow shuffling procedure in OCGA §
17-20-2 did
not render photo-lineup procedure unduly suggestive)....
CopyCited 4 times | Published | Supreme Court of Georgia | Jan 28, 2025 | 320 Ga. 673
...and Greene testified that he was looking at “[t]he whole situation”
6 Mitchell also notes the procedure used by Sergeant Burdette — giving
the photos to Greene and then leaving him alone in a room to look at them —
did not comply with OCGA §
17-20-2, but he concedes the failure to follow the
statutory procedures does not require exclusion. See OCGA §§
17-20-2 (b); 17-
20-3 (“The court may consider the failure to comply with the requirements of
[OCGA §
17-20-2] with respect to any challenge to an identification; provided,
however, that such failure shall not mandate the exclusion of identification
evidence.”)....
