· 6/15/1858
United States v. Limantour
Citations
- 26 F. Cas. 947
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that pre-trial identification procedure was unduly suggestive but finding no due process violation because identification was nevertheless reliable under the totality of the circumstances
- noting that a reversal does not automatically following from a suggestive identification procedure — the court would also have to consider whether the identification itself was reliable
- highlighting that the function and purpose of the motion dictates which rules apply
- applying the two-fold test for determining whether an identification procedure is so suggestive as to violate the defendant’s due process rights
- where trial court denied a defendant’s motion on mistaken ground, “[t]o determine if the error is harmless, this Court considers whether the Superior Court could have properly denied [the] motion on the merits” based on the record
Source: CourtListener parenthetical corpus (CC0).
Judges: Hoffman
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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