Clyde Charles

• Alibi

● A series of alibi witness testified, in addition to the defendant. A neighbor said that on the day of the crime early in the morning, defendant came to her house to ask for a ride. His brother said he was drinking with him until closing time. A friend from work described how the defendant came to ask for a ride around 2am and stayed for 3 hours.

“Q: Clyde Charles, did you rape [the victim]? A: No, sir, I did not.”

• Eyewitness
• Forensic Evidence

• Hair

• Vague
• Valid

The analyst found hairs “similar,” explaining “If the two do match, then the probabilities are that the hair could have come or did come from the same individual, however, it is not an absolute science, since you can find people whose hair is the same.”

• Cross Racial Identification
• Victim

• Showup

Yes ● Show-up conducted shortly after incident ● But – prior to show-up described how suspect was wearing clothes just as the victim described

We went into the room and asked her if she could identify or make a positive ID in the suspect that we had, and she was, ….she was brought up there in a wheelchair to the emergency room door exit and she identified the subject right there

No ● Discrepancy in description – facial hair (Charles had facial hair)

Q: What about facial hair? A: No facial hair. Q: Do you remember that or are you just guessing about that? A: He had no facial hair. Q: At all? A: That’s right.

• Coerced Confession
• Fourth Amendment
• Jury Selection
• Prosecutorial Misconduct
• State Law Evidence Claim
• Suggestive Eyewitness Identification
• Wade Counsel at Lineup Claim

• HE

State v. Charles, 511 So.2d 1164 (La. App. 1 Cir. 1987)
State v. Charles, 515 So.2d 1107 (La. 1987)
Charles v. Butler, 498 U.S. 957 (1990)