STATE V. CHAPPLE
135 Ariz. 281, 660 P.2d 1208 (1983)
NATURE OF THE CASE: Chappell (D) appealed a judgment, which convicted him of three counts
of first-degree murder, one count of unlawfully transporting marijuana, and one count of
conspiring to unlawfully transport marijuana.
FACTS: Chapple (D) was charged with murder. He was selected from a photograph lineup by
several witnesses. D is accused of being 'Dee' a drug dealer and murderer. He denies this.
There were two lineups; he was not identified in the first, but he was in the second. D
testified at trial that the eyewitness identification was erroneous; he claimed a defense of
alibi. P's position was that the identification was correct. D claimed that Scott and Buck
were lying to save themselves by 'fingering' him because they were granted complete immunity
for their part in the crime unless the facts showed that they had knowingly participated in
the killings. D also claimed another witness was also given a deal with strong motives to
testify against D. D also argues a case of mistaken identity. Scott and Buck picked the
wrong picture out of the photographic lineup and that their subsequent photographic and
in-court identifications were part of the 'feedback phenomenon' and are simply continuations
or repetitions of the same mistake. D wanted to have Dr. Loftus testify. Dr. Elizabeth
Loftus is a professor of psychology at the University of Washington. Dr. Loftus specializes
in an area of experimental and clinical psychology dealing with perception, memory retention
and recall. Her qualifications are unquestioned, and it may fairly be said that she 'wrote
the book' on the subject. The State (P) filed a motion to suppress his testimony, claiming
that eyewitness identification had shortcomings which were common knowledge, so this expert
testimony could not help the jury. The court granted P's motion to suppress. D was
convicted. D appealed, claiming that the testimony should not have been suppressed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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