Payne v. State

Summary

The court affirmed Payne’s convictions, holding that the trial court properly admitted the witness’s out-of-court identification because Payne did not show that the photo-array procedure was impermissibly suggestive. The court also held that, although counsel performed deficiently by failing to object to the prosecutor’s improper explanation of reasonable doubt, Payne failed to show a reasonable probability that the error affected the verdict. All the justices concurred.