State v. Miller, 367 S.C. 329

Summary

The Supreme Court of South Carolina held that a defendant has standing to challenge the reliability of a show-up identification of an alleged co-participant when that identification is essential to the State's case and undermines the defendant's defense. The court further held that the trial court's failure to conduct an in camera hearing was not harmless error and affirmed the Court of Appeals' remand for such a hearing.

Holdings

1. Miller had standing to challenge the fairness of Glenn's show-up identification because he had a substantial personal stake in the admissibility of identification evidence that was essential to proving his participation in the robbery and that effectively destroyed his defense.
2. The trial court's failure to permit Miller to challenge Glenn's show-up identification was not harmless error because the potentially unreliable identification could reasonably have affected the verdict.
3. The Court of Appeals properly remanded for an in camera hearing to determine whether Glenn's show-up identification was so tainted that it should be suppressed; Miller was not automatically entitled to a new trial.

Questions Presented

1. Whether Miller had standing to challenge the fairness and reliability of the allegedly suggestive show-up identification of his alleged co-participant, Glenn.
2. Whether the trial court's failure to conduct an in camera hearing regarding Glenn's identification was harmless error.
3. Whether the Court of Appeals properly remanded for an in camera hearing to determine whether Glenn's identification was so tainted that it required suppression.

Disposition

affirmed