CHARLES RAY FINCH v. SUPERINTENDENT TIMOTHY MCKOY
U.S. Court of Appeals for the Fourth Circuit, Gregory, January 25, 2019,
Actual Innocence – A defendant convicted of murder in 1976 was entitled to a hearing on a new trial because of identification issues in the case and a 2002 affidavit by an eye witness expressing “doubt” about whether Finch committed the crime.

“No reasonable juror would likely find Finch guilty beyond a reasonable doubt if it knew the high likelihood that he was misidentified by Jones both outside and inside the courtroom as a murder suspect because of impermissibly suggestive procedures.”
WHAT???
I’ll grant you that that a reasonable juror would QUESTION the identification methods, but, as the expert in this case noted, “sometimes an eyewitness identifies a subject because that subject committed the crime.”