Michael L. Schawitsch v. Jerry Burt, Warden

How courts have described this case

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

• finding photo array not impermissibly suggestive where defendant's photo was the only one with detailed height markings in the background and reasonable differences in hair length and facial hair were not impermissibly suggestive
• finding photo array used to identify Schawitsch was not impermissibly suggestive and any claim of 4 Issues presented in the direct appeal were: (1) the district court should have suppressed evidence of an impermissibly suggestive photographic lineup; (2
• “Reasonable variations in hair length and facial hair are not impermissibly suggestive, especially as they can vary on any given person at different times.”
• “When there are no differences in appearance tending to isolate the accused’s photograph, the identification procedure is not necessarily suggestive.”
• prosecutor asked the petitioner “to comment on the truthfulness of some of the . . . witnesses”
• claim procedurally barred from consideration on the merits

Source: CourtListener parenthetical corpus (CC0).