Section 10.14 Videotaped Lineups and Sound Recordings

• Library: Criminal Practice 2012 Supp

7. (§10.14) Videotaped Lineups and Sound Recordings

In State v. Gomillia, 529 S.W.2d 892 (Mo. App. E.D. 1975), a videotape that was made before the initiation of any adversary proceeding as defined by United States v. Kirby, 427 F.2d 610 (D.C. Cir. 1970), was presented to a witness after the initiation of adversary proceedings and within two days of the commencement of trial. In Gomillia the court found that even if counsel should have been present under United States v. Wade, 388 U.S. 218 (1967), and Gilbert v. California, 388 U.S. 263 (1967) (§10.5, supra), the per se exclusionary rule was not applicable unless there was evidence of taint that could not be overcome by an independent source to support the in-court identification. Gomillia, 529 S.W.2d at 899.

The Eighth Circuit has held that there is no right to...