Witness’s Level of Certainty

In OCCA case No. S-2011-765, Steven Cory Lymen appealed his conviction for Second Degree Burglary. In an unpublished decision, the court decided to deny the State's appeal to reverse the trial court's decision. The court determined that the trial court did not misuse its authority when it suppressed evidence and dismissed the case. The State had argued that the witness's identification of Lymen was valid despite it being considered unduly suggestive initially, but the court ultimately agreed with the trial court’s conclusion that the identification was not reliable.