Section 10.19 On Day of Trial

• Library: Criminal Practice 2012 Supp

a. (§10.19) On Day of Trial

Showing the defendant’s photograph to witnesses on the day he was to testify was held impermissibly suggestive in United States v. Dailey, 524 F.2d 911 (8^th Cir. 1975). But see State v. Gomillia, 529 S.W.2d 892, 896 (Mo. App. E.D. 1975), in which the totality of circumstances test applied to the question of taint.

In State v. Tunstall, 848 S.W.2d 530, 533 (Mo. App. E.D. 1993), the court held that, even when a prosecutor showed the state’s witness a...