State v. Bowdrey, 2019 UT App 3, (Jan. 10, 2019)

In this criminal appeal, the Utah Court of Appeals affirmed the district court’s denial of the defendant’s request for a cautionary jury instruction regarding the limitations of eyewitness identification under State v. Long, 721 P.2d 483 (Utah 1986).  The court held that Long is not implicated where the identification of the defendant had occurred as part of a chain of ongoing events leading to the defendant’s apprehension, and was not based on the memory of the person making the identification.