State v. Harvell, 236 N.C. App. 404 (Sept. 5, 2014)

In this felony breaking and entering and larceny case, the trial court did not commit plain error by denying the defendant’s motion to suppress the victim’s show-up identification of the defendant as the person he found in his home on the date in question. Among other things, the court noted that the victim viewed the defendant’s face three separate times during the encounter and that during two of those observations was only 20 feet from the defendant. Additionally, the identification occurred within 15-20 minutes of the victim finding the suspect in his home. Although the show-up identification was suggestive, it was not so impermissibly suggestive as to cause irreparable mistaken identification and violate defendant’s constitutional right to due process.