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State v. Jose A. Reas-Mendez, 2010AP1485-CR, District 1, 8/23/11

court of appeals decision (not recommended for publication); for Reas-Mendez: Andrea Taylor Cornwall, SPD, Milwaukee Appellate; case activity

The victim’s pretrial lineup identification of Reas-Mendez isn’t suppressible: the lineup was comprised of “four men, all of generally the same build, in the same type of clothing, with dark, shoulder-length hair, approximately of the same age, and wearing bandanas covering their faces from the tops of their noses down,” ¶18. They were also required to speak the same words as the assailant during the crime, even if Reas-Mendez had been the only one to speak with a heavy Spanish accent, the procedure wouldn’t thereby have been made unreliable or suggestive, given that the victim based her identification “in large part on his eyes and voice,” ¶19.

Test for lineup suppressibility discussed, ¶¶13-17.

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