James Joseph Garner, Petitioner v. the People of the State of Colorado, Respondent. — Hart, J., Dissenting

Summary

Justice Hart dissented from the majority's conclusion that first-time in-court eyewitness identifications need not undergo constitutional reliability screening. The dissent reasoned that such identifications are inherently suggestive, arranged through state action, and particularly vulnerable to mistaken identification because the witnesses had previously failed to identify Garner. Justice Hart would have required pretrial screening under the established reliability factors and concluded that the identifications likely would not have been admitted. Justices Hood and Gabriel joined the dissent.