Missouri Court of Appeals, Western District / Dec 18, 2018
State of Missouri vs. Douglas L. Callaghan
Douglas Callaghan appealed his convictions for second-degree robbery and armed criminal action, challenging the trial court's denial of his motion to suppress his brother's out-of-court identification and the admission of his brother's trial testimony identifying him. The appellate court affirmed the judgment, concluding that the identification procedure was not impermissibly suggestive because the brother initiated contact with law enforcement. The court also found that the trial court did not abuse its discretion in admitting the brother's identification testimony, noting the defendant's changed appearance and the existence of other identification evidence.