Legal Rules Change for Testimony

RALEIGH — The Sixth Amendment of the U.S. Constitution provides in part that “in all criminal prosecutions the accused shall enjoy the right … to be confronted with the witnesses against him.” While a seemingly simple concept, a recent U.S. Supreme Court decision has changed the standards for determining what evidence can be used at trial against defendants. Based upon this new guidance, the N.C. Court of Appeals ruled Oct. 19 that identification from a photographic lineup is inadmissible if a defendant has not had an opportunity to cross-examine the identifier.