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· 7/15/1977

United States v. Gary Thomas Butcher

Citations

  • 557 F.2d 666
  • 1977 U.S. App. LEXIS 12454
  • 2 Fed. R. Serv. 143

How courts have described this case

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

  • cautioning that “lay opinion identification by [law enforcement] is not to be encouraged”
  • stating that “use of lay opinion identification by policemen or parole officers is not to be encouraged, and should be used only if no other adequate identification testimony is available to the prosecution,” immediately after weighing the prejudicial effect of such testimony
  • several witnesses who had observed defendant on multiple occasions or had total exposure to him for at least two hours
  • several witnesses who had observed defendant on multiple occasions or had total exposure to him for at least two hours
  • “the use of identifications by the police officers, while constitutionally permissible, did increase the possibility of prejudice to the defendant in that he was presented as a person subject to a certain degree of police scrutiny”
  • “the use of the identifications by the police officers, while constitutionally permissible, did increase the possibility of prejudice to the defendant in that he was presented as a person subject to a certain degree of police scrutiny.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Barnes, Wallace, Sneed

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.