October 25, 2013
- 110 Criminal Law
- 110XVII Evidence
- 110XVII(D) Facts in Issue and Relevance
- 110k339.5 Identity of Accused
- 110k339.10 Effect of Prior Events on Subsequent Identification
- 110k339.10(6) Independent Basis; Opportunity for Observation
- 110k339.10(7) k. Particular Cases.
Where witnesses stated that their attention had been called to defendant before he entered store where crime took place because they thought he was good-looking and they waited in front of store for defendant to come out and, when he did, they recognized him and were able to describe him and his clothing, so that there was strong evidence of identification based upon that incident, independent of the later lineup, witnesses’ testimony was not excludable on theory that defendant had been denied right to counsel at post-arrest lineup.
U.S. ex rel. Burbank v. Warden, Illinois State Penitentiary, 535 F.2d 361 (7th Cir. 1976)