12/6/22 Florida Supreme Court Oral Arguments: Zavion Alahad v. State of Florida SC21-1450

Alahad was convicted of second-degree murder and attempted robbery with a firearm. Alahad filed a motion before trial to suppress eyewitness testimony obtained during a police out-of-court show-up. Alahad argued that the show-up, a practice where law enforcement presents only one suspect to an eyewitness for identification, violates his due process rights because it was unnecessarily suggestive and led to a substantial likelihood of irreparable misidentification by the eyewitness. The trial court denied the motion. Alahad appealed to the Fourth District Court of Appeal, arguing that the trial court erred by denying his motion. Under the abuse of discretion standard of review, the Fourth DCA upheld the trial court ruling, and this discretionary review proceeding followed. Alahad argues that the Fourth DCA decision conflicts with a decision of this Court and another appellate court decision.

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