United States Sixth Circuit

Pretrial identifications of defendant, deemed impermissibly suggestive by the district court, did not taint his in-court identification. The in-court identification stemmed from the victim's recollection of the incident, not from any recollection of the single photo of defendant shown at the previous photo lineup.

Appellate Information

• Decided 02/23/2004
• Published 02/23/2004

Judges

• Before SUHRHEINRICH, COLE, and ROGERS, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Nancy L. Kelley, Asst. U.S. Attorney (argued and briefed), Cleveland, OH, for Plaintiff-Appellee., Charles E. Fleming (argued and briefed), Federal Public Defender's Office, Cleveland, OH, for Defendant-Appellant.