Smith's Criminal Case Compendium
Table of Contents
Criminal Procedure
Indictment & Pleading Issues
Arrest, Search, and Investigation
Criminal Offenses
Drug Offenses
State v. Howard, 215 N.C. App. 318 (Sept. 6, 2011)
The trial court did not commit plain error by allowing a detective to identify the defendant as the person shown in a still photograph from a store’s surveillance tapes. The detective observed the defendant in custody on the morning that the photo was taken, affording him the opportunity to see the defendant when his appearance most closely matched that in the video. The detective also located the defendant’s clothes. As such, the detective had more familiarity with the defendant’s appearance at the time the photo was taken than the jury could have