Blue v. State
In Blue v. State, 558 P.2d 636 (Alaska 1977), the challenged lineup occurred within three hours of the alleged robbery. In upholding the admission of the lineup identification, the court focused on the "valid purpose" of holding the identification procedure while the witness's memory was still fresh.
Considering the fact that the lineup was held at 11:00 p.m. and that three hours had passed since the crime, the court concluded:
"Under these circumstances, providing counsel could have precluded the state's diligent efforts to obtain an identification while the facts were still fresh in the eyewitness's mind. We cannot find that providing counsel under these circumstances is practical, reasonable or mandated by our constitution."