State v. Wyatt

806 S.E.2d 708, 421 S.C. 306
CourtSupreme Court of South Carolina
DecidedOctober 25, 2017
DocketAppellate Case No. 2016-001303; Opinion No. 27743
StatusPublished
Cited by11 cases

This text of 806 S.E.2d 708 (State v. Wyatt) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Wyatt, 806 S.E.2d 708, 421 S.C. 306 (S.C. 2017).

Opinions

JUSTICE FEW:

Shawn Lee Wyatt appeals his convictions for attempting to furnish contraband to a prisoner and possession with intent to distribute cocaine, cocaine base, and marijuana. He argues the trial court erred by not suppressing two eyewitness identifications. We affirm the trial court’s decision not to suppress the primary identification. We find, however, the police identification procedure was not unnecessarily suggestive, and thus the trial court should have addressed the suppression question only under the first prong of Neil v. Biggers.1 As to the other identification, we find no error. We affirm Wyatt’s convictions.

I. Facts and Procedural History

At approximately 5:45 a.m. on July 12, 2013, Kershaw Correctional Institute Officer Joe Schnettler was at his post in a watch tower when he observed a man run from the woods to the fence surrounding the prison. Schnettler watched the man throw eight packages over the fence, and then run back into the woods. During the incident—which lasted no more than thirty seconds—Schnettler radioed other prison officers and announced each time the man threw another package over the fence. Schnettler estimated his distance from the man to be eighty or ninety yards. After the incident, Schnettler described the suspect as a “white man” wearing “long jean shorts and a dark shirt.”

A few minutes later, Kershaw Correctional Institute Officer Brenda Lippe was driving to work when she passed a man walking away from the prison on Highway 601.2 When Lippe arrived at work, she heard about the incident at the fence, and told the correctional officer in charge of contraband, Corporal Christopher Hunt, she had seen a man walking away from the prison on Highway 601. She described him as “a light skinned black gentleman with a nice neat haircut, black shirt and .,. charcoal-colored shorts.”

The correctional officers informed the Lancaster County Sheriffs Office that there was a “black male wearing a black shirt and jean shorts” walking on Highway 601 who may have been involved with a contraband incident at the prison. At approximately 6:00 a.m., Deputy Charles Kirkley saw Wyatt walking along Highway 601. Kirkley stopped Wyatt and asked for his identification. Kirkley then informed Hunt he found the suspect.

Hunt and Schnettler left the prison and drove to the side of the road where Kirkley was holding Wyatt. Schnettler asked Kirkley to let Wyatt out of the ear so he could see Wyatt standing up. After looking at him, Schnettler said, “Yeah, that’s the guy I saw.” When asked at trial “what about the appearance of that man enabled you to say that,” Schnettler testified it was the “clothing he was wearing and how light the skin was on his legs.” Schnettler stated, “The skin color of his legs looked different” because his calves were “shiny.”

Kirkley put Wyatt back in the patrol car and drove to the prison so Lippe could identify him. When they arrived, Kirk-ley, Hunt, and Wyatt got out of the car and stood next to it. Lippe—who was in a watch tower forty or fifty yards away— positively identified Wyatt as the man she had seen walking on Highway 601 a few minutes earlier.

The contents of the packages thrown over the fence were tested and determined to be powder cocaine, cocaine base,3 and marijuana. Based on the identifications made by Schnett-ler and Lippe, the State charged Wyatt with attempting to furnish contraband to a prisoner, possession with intent to distribute cocaine, possession with intent to distribute cocaine base, and possession with intent to distribute marijuana.

Prior to trial, Wyatt moved to suppress the identifications. The State argued against suppression under both prongs of Biggers. However, the trial court analyzed only the second prong, and found the “procedures used in this arrest did not create a substantial likelihood of irreparable misidentification.” The court denied Wyatt’s motion to suppress. The jury convicted Wyatt of all charges, and the trial court sentenced him to ten years in prison. The court of appeals affirmed Wyatt’s conviction in an unpublished opinion. State v. Wyatt, Op. No. 2016-UP-162, 2016 WL 1366982 (S.C. Ct. App. filed Apr. 6, 2016). We granted Wyatt’s petition for a writ of certiorari.

II. Identification Evidence

When a defendant challenges the admissibility of a witness’s identification, trial courts employ a two-pronged inquiry to determine whether due process requires suppression. Biggers, 409 U.S. at 198-200, 93 S.Ct. at 381-82, 34 L.Ed. 2d at 410-11; State v. Liverman, 398 S.C. 130, 138, 727 S.E.2d 422, 426 (2012). First, the court must determine whether the identification resulted from “unnecessarily suggestive” police identification procedures. Biggers, 409 U.S. at 198-99, 93 S.Ct. at 381-82, 34 L.Ed. 2d at 410-11; Liverman, 398 S.C. at 138, 727 S.E.2d at 426. The Supreme Court of the United States has repeatedly emphasized “that due process concerns arise only when law enforcement officers use an identification procedure that is both suggestive and unnecessary.” Perry v. New Hampshire, 565 U.S. 228, 238-39, 132 S.Ct. 716, 724, 181 L.Ed. 2d 694, 707 (2012) (citing Manson v. Brathwaite, 432 U.S. 98, 107, 109, 97 S.Ct. 2243, 2249, 2250, 53 L.Ed. 2d 140, 149, 151 (1977), and Biggers, 409 U.S. at 198, 93 S.Ct. at 382, 34 L.Ed. 2d at 411); see also Liverman, 398 S.C. at 138, 727 S.E.2d at 426 (describing the trial court’s task under the first prong as determining “whether the identification resulted from unnecessary and unduly suggestive police procedures”). If the court finds the police procedures were not suggestive, or that suggestive procedures were necessary under the circumstances, the inquiry ends there and the court need not consider the second prong. See United States v. Sanders, 708 F.3d 976, 984 (7th Cir. 2013) (citing Perry for the proposition that “courts will only consider the second prong if a challenged procedure does not pass muster under the first”); State v. Dukes, 404 S.C. 553, 557-58, 745 S.E.2d 137, 139 (Ct. App. 2013) (same).

If, however, the court determines the procedures were both suggestive and unnecessary, the court must then determine “whether the out-of-court identification was nevertheless so reliable that no substantial likelihood of misidentification existed.” Liverman, 398 S.C. at 138, 727 S.E.2d at 426 (citing Biggers, 409 U.S. at 198-99, 93 S.Ct. at 382, 34 L.Ed. 2d at 411).

As the Supreme Court stated in Perry, “Only when [the] evidence ‘is so extremely unfair that its admission violates fundamental conceptions of justice/ have we imposed a constraint [on admissibility] tied to the Due Process Clause.” 565 U.S. at 237, 132 S.Ct. at 723, 181 L.Ed. 2d at 706 (quoting Dowling v. United States, 493 U.S. 342, 352, 110 S.Ct. 668, 674, 107 L.Ed. 2d 708, 720 (1990)).

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806 S.E.2d 708, 421 S.C. 306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-wyatt-sc-2017.