JAMES MILLS, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Ibar v. State, 938 So. 2d 451 (Fla. 2006)
  …ility in this case. The majority also misplaces its reliance on the rationale that identifications made by eyewitnesses shortly after a crime are inherently more reliable than in-court identifications. Majority op. at 461-62 (citing Lewis v. State, 777 So. 2d 452 (Fla. 4th DCA 2001)). The general principle that out-of-court identifications are more reliable is relevant both to eyewitnesses and non-eyewitnesses. A non-eyewitness bases an identification on his or her familiarity with the assailant, but this fa…

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• Denesiz Letroy Smith v. State, 880 So. 2d 730 (Fla. 2d DCA 2004)
  …ns v. State, 366 So. 2d 540, 542 (Fla. 3d DCA 1979). The statute has generally been applied to allow testimony concerning an out-of-court identification in a lineup, a photo-pack, or a showup.2 See A.E.B., 818 So. 2d at 535 (showup); Lewis v. State, 777 So. 2d 452, 453-54 (Fla. 4th DCA 2001) (showup); Ferreira v. State, 692 So. 2d 264, 265 (Fla. 5th DCA 1997) (photopack); Brown v. State, 413 So. 2d 414 (Fla. 5th DCA 1982) (photopack). A lineup was involved in Eans, 366 So. 2d 540, a case decided before the ef…

Authorities Cited

• J. N. W. v. State, 361 So. 2d 826 (Fla. 1st DCA 1978)
• G.R. v. State, 564 So. 2d 207 (Fla. 3d DCA 1990)