Law360 Canada ( March 3, 2023, 12:36 PM EST) -- Appeal by Metzger from Court of Appeal of Alberta decision dismissing his appeal from convictions for offences arising from a home invasion robbery. Neither of the two victims saw the perpetrators. The Crown’s case to identify Metzger as a participant relied entirely on two pieces of circumstantial evidence, his DNA found on a cigarette butt in the first victim’s vehicle that was stolen from the scene and found abandoned approximately 11 hours after the robbery, and the first victim’s testimony that he may have heard the name “Metzger” spoken by one intruder during the robbery. The testifying victim had been struck on the head with a baseball bat at the outset of the robbery, was fading in and out of consciousness, actively questioned his own recollection of what he heard, did not mention to the police during his initial interviews that he had overheard the name, and an investigating officer first mentioned the name to him during a telephone interview, months or possibly years after the robbery. When asked at trial whether he recalled hearing the name before that telephone interview, the victim said that he did, indicated this was based on discussions that he had after the robbery with a second victim, he believed the second victim had the same recollection, but the second victim had not corroborated that recollection....