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· 11/28/2017

Loumiet v. United States

Citations

  • 292 F. Supp. 3d 222

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the lay opinion identification testimony of an officer unfamiliar with the defendant provided no assistance to the jury and invaded its province
  • holding that the detective’s explanation for placing the defendant’s photo in an array was irrelevant and violated the dictates of Branch
  • holding that in order to reverse conviction because of evidentiary error, there must be a real prospect that the error gave rise to an unjust result
  • finding that a police officer's testimony explaining why he picked the defendant's photograph for array shown to the victim inadmissible and not harmless error
  • finding that a police officer's testimony explaining why he picked the defendant's photograph for array shown to the victim inadmissible and not harmless error
  • noting that “when there is no change in a defendant’s appearance, juries can decide for themselves—without identification testimony from law enforcement—whether the person in the photograph is the defendant sitting before them”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kollar, Kotelly

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.