Due Process Violation – Suppression of Evidence

By: Derek Hawkins//September 22, 2021//

Listen to this article

WI Court of Appeals – District I

Case Name: State of Wisconsin v. Nicholas John Hanson

Case No.: 2020AP583-CR

Officials: Brash, P.J., Donald and White, JJ.

Focus: Due Process Violation – Suppression of Evidence

Nicholas John Hanson appeals the judgment of conviction, following a jury trial, of one count of armed robbery with the threat of force. Hanson contends that the trial court erred in denying his motion to suppress eyewitness identification evidence. Hanson argues that Gronwall’s presentation of the single photograph violated both the Wisconsin Department of Justice’s “Model Policy and Procedure for Eyewitness Identification,” as well as his due process rights because: (1) it suggested to S.L. that Hanson was indeed the perpetrator; (2) the photograph was a mugshot of Hanson, suggesting that he was a criminal and likely to have committed the crime; and (3) it may have swayed S.L. into identifying Hanson following S.L.’s conversation with D.C. Upon review, we affirm.

Full Text

Derek A Hawkins is Corporate Counsel, at Salesforce.

Select Region or Brand

Upcoming Event