· 7/13/2001
Jehan Abdur Raheem, F/k/a John Whitaker v. Walter R. Kelly, Superintendent of Attica Correctional Facility
Citations
- 257 F.3d 122
- 2001 U.S. App. LEXIS 15630
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that no single factor articulated in Biggers is dispositive in evaluating whether witness identification is independently reliable
- holding that improperly admitted identification testimony was not harmless because it bore on identity of shooter and prosecution offered no other evidence tying defendant to alleged crime
- noting that a line-up is impermissibly suggestive where the petitioner is the only participant who meets the description of the perpetrator
- noting that the court must “weigh the corrupting effect of the suggestive[ness] against other factors indicating that the identification may be independently rehable.”
- suggesting that “it is human nature for a person toward whom a gun is being pointed to focus his attention more on the gun than on the face of the person pointing it”
- suggesting that \it is human nature for a person toward whom a gun is being pointed to focus his attention more on the gun than on the face of the person pointing it\
Source: CourtListener parenthetical corpus (CC0).
Judges: Kearse, Jacobs, Cabranes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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