Opinion
NO. 2018 KW 0753
08-03-2018
STATE OF LOUISIANA v. JOHN RYAN O'NEAL, SR.
In Re: State of Louisiana, applying for supervisory writs, 19th Judicial District Court, Parish of East Baton Rouge, No. 06-17-0097. BEFORE: McDONALD, CRAIN, AND HOLDRIDGE, JJ.
WRIT GRANTED. The defendant has the burden of proof on a motion to suppress an identification. See State v. Taylor, 2009-2781 (La. 3/12/10), 29 So.3d 481 (per curiam). Although the one-on-one show-up identification was suggestive, under the totality of the circumstances, the defendant failed to prove a likelihood of misidentification by the victim. Manson v. Brathwaite, 432 U.S. 98, 113-114, 97 S. Ct. 2243, 2252-53, 53 L.Ed.2d 140 (1977); Neil v. Biggers, 409 U.S. 188, 196, 93 S.Ct. 375, 380, 34 L.Ed.2d 401 (1972). Accordingly, the district court's ruling granting the motion to suppress is reversed, and this matter is remanded to the lower court for further proceedings.
WJC
GH
JMM
COURT OF APPEAL, FIRST CIRCUIT /s/_________
DEPUTY CLERK OF COURT
FOR THE COURT