State v. Evans

Summary

The court affirmed the defendant’s convictions for murder and carrying a pistol without a permit. It held that the trial court properly admitted a witness’s identification of the defendant from a surveillance photograph because the witness’s direct encounter with the defendant, the timing and quality of the photograph, the defendant’s changed appearance, and cautionary instructions supported admissibility. It also held that the warrant affidavit established probable cause for cell site location information from three days before the murder through the day after it, although the warrant should not have extended beyond that period; the overbreadth error was harmless because the state introduced only properly supported data.