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Williams v. State

There was no substantial likelihood of irreparable misidentification, pretermitting whether the on-scene showup was inherently suggestive.

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Jamarri Williams and Montaviis Merritt were each convicted of two counts of armed robbery,1 theft by receiving stolen property,2 three counts of aggravated assault,3 two counts of battery,4 and possession of a firearm during the commission of a felony.5 Williams and Merritt appeal the denial of their subsequent motions for new trial, arguing that the trial court erred by denying their motions to suppress inherently suggestive on-the-scene showup identifications. Because both cases arise from the same facts and involve a joint trial and motion hearings, we have consolidated them. We affirm for the reasons that follow.

Viewed in favor of the verdict,6 the record shows that on October 7, 2006, Richard Heidal was walking to a friend’s house in an Atlanta neighborhood after consuming five or six beers. While he was en route, two men, one of whom wielded a silver handgun, approached Heidal from behind and demanded his wallet. Heidal complied and dropped to the ground, face down, where one of the men kicked him, and the men then fled. According to Heidal, he observed the men for about 60 seconds before dropping to the ground.

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