Court Error – Admittance of Evidence – Improper Identification Procedure

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WI Court of Appeals – District I

Case Name: State of Wisconsin v. K.L.G.

Case No.: 2019AP658

Officials: BRASH, P.J.

Focus: Court Error – Admittance of Evidence – Improper Identification Procedure

The State appeals an order of the trial court granting K.L.G.’s motion to suppress the identification made by Milwaukee Police Officer Kim Lastrilla. In his motion, K.L.G. argued that Officer Lastrilla used an improper identification procedure when she looked up his booking photo from a previous incident.

The trial court, citing State v. Dubose, 2005 WI 126, 285 Wis. 2d 143, 699 N.W.2d 582, granted the motion and dismissed the case against K.L.G. without prejudice. However, our supreme court recently abrogated Dubose in State v. Roberson, 2019 WI 102, 389 Wis. 2d 190, 935 N.W.2d 813, with a directive to “return to ‘reliability [a]s the linchpin in determining the admissibility of identification testimony.’” Id., ¶3 (citation omitted; brackets in Roberson).

After reviewing this case under that standard, we conclude that Officer Lastrilla’s identification of K.L.G. was sufficiently reliable. We therefore reverse and remand this matter for further proceedings consistent with this opinion.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.