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Wilson v. State

The witnesses' in-court identifications of defendant were admissible, even if their pre-trial identifications were impermissibly suggestive, because both witnesses testified that they identified defendant based on their observations of him on the night in question.

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Paul William Wilson appeals his convictions for malice murder, false imprisonment, theft by taking an automobile, and concealing the death of another, in connection with the death of Carol Sue Gibbs. For the reasons that follow, we affirm.1

Construed to support the verdicts, the evidence showed that Gibbs, while married to Scott Gibbs, began dating Wilson. Gibbs was divorced on December 8, 1995. However, Gibbs expressed to friends a desire to reconcile with her ex-husband and break off her relationship with Wilson. She asked a friend to go to Wilson’s house to get her possessions and Christmas gifts, but despite the friend arranging with Wilson to do so, and telling Wilson that Gibbs wanted nothing more to do with him and that he should leave her alone, the friend did not retrieve Gibbs’s possessions. On December 29, 1995, Gibbs told another friend that she wanted to break up with Wilson. The previous day, Gibbs had told yet another friend that she would go to Wilson’s home the next night to break up with him; the friend, who feared for Gibbs’s safety, asked Gibbs to telephone before doing so in order for the friend to accompany Gibbs, but Gibbs did not do this. Gibbs’s car was seen at 10:00 p.m. December 29, 1995, at Wilson’s house. Gibbs was not seen alive again.

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