February 12, 2013
- 110 Criminal Law
- 110XVII Evidence
- 110XVII(D) Facts in Issue and Relevance
- 110k339.5 Identity of Accused
- 110k339.8 Out-Of-Court or Pre-Trial Confrontation
- 110k339.8(2) Time and Manner of Confrontation; Suggestiveness
- 110k339.8(4) k. Number, Character, and Appearance of Lineup Participants.
Lineup procedure in which witness identified defendant among five African-American males of substantially the same height, weight, complexion, and features as one of individuals he observed standing behind post office on day of robbery was not impermissibly suggestive despite claim that defendant’s brightly colored but “surprisingly tasteful Hawaiian-type shirt” drew unwarranted attention to defendant; though defendant’s shirt may have been eye-catching, wearing it in lineup was his choice.
United States v. Triplett, 104 F.3d 1074 (8th Cir. 1997)
Suggested by Pamela Orr, Principal Attorney Editor, Thomson Reuters Westlaw™