State v. Mosby

On March 9, 1987, Guy McFarland observed James Mosby (defendant), a young Black man, outside a bank in Baton Rouge, Louisiana. McFarland made eye contact with Mosby, and Mosby quickly looked the other way and walked away. McFarland entered the bank lobby and was standing in line to make a deposit when Mosby came up behind him, grabbed a bank-deposit bag of money from McFarland, and fled the bank. McFarland described Mosby to bank officials and the police. A few weeks later, a police detective showed McFarland a photographic lineup that included pictures of six Black males, including a man named Michael Jackson. McFarland did not make an identification from the lineup. After Mosby’s ex-girlfriend informed the police that Mosby had robbed a bank, the detective prepared another photographic lineup that included pictures of six Black males, this time including Mosby. McFarland identified Mosby from that lineup, and Mosby was arrested and charged with the robbery. At Mosby’s trial, Mosby’s defense theory was that someone else robbed McFarland and that McFarland had mistakenly identified Mosby. Mosby attempted to introduce evidence that Jackson, who was of a similar age and build as Mosby, had been arrested and charged with committing two similar robberies in January and April of 1987 at banks near the one at which McFarland was robbed. The trial court refused to admit the evidence. The jury convicted Mosby, and he appealed to the Louisiana Court of Appeal.