State v. Gamble, 243 N.C. App. 414 (Oct. 6, 2015)

The court rejected the defendant’s argument that the identification procedure used violated the Eyewitness Identification Reform Act (EIRA). Although a non-independent administrator was used, the administrator satisfied the requirements of G.S. 15A-284.52(c) for such administrators (he used the folder method specified in the statute). Additionally, the administrator met the other requirements of the EIRA. The court rejected the defendant’s argument that plain error occurred because the administrator could not identify the specific five filler photographs that were used out of the seven total selected for the lineup. The court concluded that the administrator’s failure to recall which of the five filler photographs were used went to the weight of his testimony, not its admissibility. The court went on to hold that the trial court did not err by admitting the filler photographs into evidence.