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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.