Dwayne D Scruggs

• Alibi

● Defendant’s uncle and cousin testified to being with defendant throughout the day when the crime occurred.

“Q: You have already said, in answer to – the questions that the officers asked you – did you – do you know, first of all, [the victim]? A: No I do not. Q: Have you ever seen her before today? A: No I have not. Well, yesterday. Q: Before this trial started? A: No I haven’t. Q: Did you commit, or do what this is all about? In other words, did you rape her and rob her? A: No I did not.”

• Eyewitness

• Intraracial Identificaiton
• Victim

• Mug shots
• Photo array

Yes ● Suggestive line-up – defendant only person in army jacket ● Suggestive remarks – told victim that all photos were of persons who had committed sexual assaults

“I explained to her that the photo file that we have are all individuals who have been arrested for rape or a sex assault.” Victim recalled that the officer also “Said to be absolutely sure and that the pictures were not up-todate” “After I had a conversation with her and after the taped statement, then I felt the clothing was important in this case” Officer then took a photograph of Scruggs wearing an armygreen jacket. The victim describe the attacker as having worn a “green Army jacket without the hood.”

Yes ● Initially uncertain

Victim stated in taped statement taken following photo array, that “A. About 98%. Q. About 98% sure that this would probably be the guy? A. Yes.” By the time of trial, however, she was “positive.”

• Ineffective Assistance of Appellate Counsel

Scruggs v. Duckworth, 948 F.2d 1292 (7th Cir. 1991) (Table)