· 2/13/2017
Elliot Kaplan v. Mayo Clinic
Citations
- 847 F.3d 988
- 2017 WL 562455
- 2017 U.S. App. LEXIS 2489
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- not manifestly unreasonable for trial counsel to fail to call eyewitness identification expert where trial counsel \vigorously challenged\ identification through other means
- new trial not warranted even in absence of eyewitness identification expert testimony where defense counsel vigorously cross-examined witness regarding reliability of identification and argued unreliability of identification in closing
- reliability of eyewitness identification supported by evidence that crime scene sufficiently illuminated at time of shooting, eyewitness recognized defendant from prior encounter, and eyewitness successfully identified defendant from photo array
- \we cannot say that trial counsel's decision not to call an expert on eyewitness identification was one that lawyers of 19 ordinary training and skill in criminal law would not consider competent\ [quotation and citation omitted]
Source: CourtListener parenthetical corpus (CC0).
Judges: Loken, Smith, Colloton
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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