“Dead-bang winner”

March 18, 2013

  • 110 Criminal Law
  • 110XXXI Counsel
  • 110XXXI(C) Adequacy of Representation
  • 110XXXI(C)2 Particular Cases and Issues
  • 110k1966 Appeal
  • 110k1969 k. Raising Issues on Appeal; Briefs.

110 Criminal LawPretrial identification procedures, in which name of bank robbed appeared across top of page used in photo lineup and happened to appear above defendant’s photograph, were not so suggestive or unreliable as to constitute “dead-bang winner” error requiring reversal on appeal, so as to support claim of ineffective assistance of appellate counsel.
U.S. v. Davis, 19 Fed.Appx. 775 (10th Cir. 2001)
Suggested by Ben Frisch, Senior Attorney Editor; Thomson Reuters