Rogers v. State

The pre-trial identification testimony was admissible even though the procedure used by the police was suggestive.

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A Dougherty County jury found Leroy Rogers guilty of armed robbery and possession of a firearm by a convicted felon. On appeal, Rogers claims the trial court erred in permitting impermissibly suggestive identification testimony. He also contends that he received ineffective assistance of counsel. We disagree and affirm for the reasons set forth below. Viewed in a light most favorable to the jury’s verdict, the evidence shows that in the early afternoon of April 24, 2000, Angie Clark, a cashier at a Family Dollar store, noticed a man enter the store as she rang up one or two customers. The man went up and down several aisles of the store and brought a pack of batteries up to the counter. He pointed a gun at Clark and told her to take the money out of the cash register or he would shoot her dead. Clark gave money to the man and the man then left the store. Clark called for help, and the store manager and Jason Hawkins, another employee, came up from the back of the store. The three of them went outside, and Hawkins ran around to the left of the store where he saw a blue car with a yellow Castle Auto Sales tag. Hawkins looked in the window of the car, and the driver turned and looked at Hawkins before the car pulled out onto the highway.

Police issued a lookout for a light blue Century automobile with a Castle Auto Sales tag. Officer Edwards of the Albany police noticed a parked light blue Oldsmobile with a yellow Castle Auto Sales tag. Edwards alerted his supervisor, who instructed an officer to go to Castle Auto Sales to find out who purchased the blue Oldsmobile. The people at Castle Auto Sales told the officer that Rogers had purchased the car and gave him Rogers’ address. Based on this information, an officer located Rogers. Rogers told the officer that his car had been stolen from the 700 Block of North Broad. Officer Edwards first confirmed that there were no reports of a stolen car in that area and then had Rogers taken to the police station.

Rogers v. State

The pre-trial identification testimony was admissible even though the procedure used by the police was suggestive.

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