Jerry Miller

• Alibi

● Defendant’s father testified that defendant was home with him watching a fight throughout the evening that the crime occurred.

• Eyewitness

• Intraracial Identificaiton
• Victim

• Composite drawing
• Lineup
• Photo array
• Showup

Yes ● Show-up – first identification procedure conducted at trial ● Suggestive remarks

Victim acknowledged at trial that the prosecutor had told her that “two other people have said he is the attacker.” Victim was never asked to participate in a photo array or lineup to that included Jerry Miller (although this was not entirely clear because she did not recall array and it was not preserved; if she did see Miller’s photo she did not identify him). In contrast, two non-victim .eyewitnesses were shown such a photo array, in which one identified Miller and one only tentatively identified him.

Yes ● Initially uncertain (and uncertain at trial) ● Discrepancies in description – facial hair – goatee

Victim was tentative at trial, saying “that young man over there looks like him.” She had told police she “wasn’t sure” whether she would be able to identify her attacker. Victim had picked out “two possibles” in photo array but did not identify either one. One eyewitness described a “light mustache” and “peach fuzz” but no goatee. One eyewitness not certain of identification when viewing photo array.

• Fourth Amendment
• Ineffective Assistance of Appellate Counsel
• Ineffective Assistance of Counsel
• Prosecutorial Misconduct
• Sixth Amendment Right to Counsel
• Suggestive Eyewitness Identification

Miller v. Godinez, No. 92 C 1707, 1995 WL 124106 (N.D.Ill., March 21, 1995)