green
Positive treatment
2.6 score
Treatment trajectory · 1978 → 2026 · click a year to view as-of
1978
2002
2026
Top citers, strongest first. 6 distinct citers.
How cited ↗
discussed
Cited "see"
Pinkney v. Keane
See Boyd v. Henderson, 555 F.2d 56, 62 (2d Cir.), cert denied, 434 U.S. 927 , 98 S.Ct. 410 , 54 L.Ed.2d 286 (1977) (impermissible identification is harmless where defendant would have been convicted without such evidence.) 10 Conclusion The petition for a writ of habeas corpus is denied and petitioner is granted a certificate of probable cause pursuant to 28 U.S.C. § 2253 .
discussed
Cited "see"
Patsy Kelly Jarrett v. Frank R. Headley, Superintendent of Bedford Hills Correctional Facility
See Boyd v. Henderson, 555 F.2d 56, 61-62 (2d Cir.), cert. denied, 434 U.S. 927 , 98 S.Ct. 410 , 54 L.Ed.2d 286 (1977); cf. United States v. Brown, 699 F.2d 585, 594 (2d Cir.1983) (where defendant has prior notice of an in-court identification, no constitutional rights are violated if defendant did not request either prior line-up or that defendant be allowed to sit in audience with others of similar appearance).
discussed
Cited "see"
Lickteig v. Iowa Department of Transportation
See Harris v. Lynn, 555 F.2d 1357 , 1360 (8th Cir.), cert. denied, 434 U.S. 927 , 98 S.Ct. 410 , 54 L.Ed.2d 286 (1977) (no statutory authority to allow attorney fees in action brought by persons displaced by federal highway project).
discussed
Cited "see, e.g."
Bond v. Walker
Phipps v. Follette, 428 F.2d at 915-16 ; see also Boyd v. Henderson, 555 F.2d 56, 61-62 (2d Cir.) (in court identification after prior suggestive identification, held harmless error), cert. denied, 434 U.S. 927 , 98 S.Ct. 410 , 54 L.Ed.2d 286 (1977); United States v. Ravich, 421 F.2d 1196, 1202 (2d Cir.) (cited by Archibald for the proposition that during a pretrial Wade ■hearing, defendants moved from counsel table to "less conspicuous positions in the courtroom,” but were still identified by eyewitnesses during the hearing), cert. denied, 400 U.S. 834 ; 91 S.Ct. 69 , 27 L.Ed.2d 66 (1970)…
discussed
Cited "see, e.g."
Lindsay v. Henderson
United States v. Matlock, supra; Mock v. Rose, supra (unclear whether prisoner was handcuffed or only led by arm by police officer); see also Boyd v. Henderson, 555 F.2d 56 (2d Cir.), cert. denied, 434 U.S. 927 , 98 S.Ct. 410 , 54 L.Ed.2d 286 (1977); United States v. Hamilton, supra; cf. Green v. Loggins, 614 F.2d 219 (9th Cir. 1980); United States v. Colclough, 549 F.2d 937, 941 (4th Cir. 1977) (dictum).
discussed
Cited "see, e.g."
United States Ex Rel. Sanders v. Rowe
Compare Saltys v. Adams, 465 F.2d 1023 , 1027 n.6 (2d Cir. 1972) (dicta) (once in custody for crime, right to counsel should be applied to any- subsequent critical stage, even if for a second crime) and Thomas v. Leeke, 393 F.Supp. 282, 286 (D.S.C.1975) (following Saltys) with Boyd v. Henderson, 555 F.2d 56, 61 (2d Cir.) (disapproving dicta in Saltys) (same crime must be involved), cert. denied, 434 U.S. 927 , 98 S.Ct. 410 , 54 L.Ed.2d 286 (1977) and Sanchell v. Parratt, 530 F.2d 286 , 290 n.2 (8th Cir. 1976) (sixth amendment only applies to lineup confrontations if the same charge is involved…
Retrieving the full opinion text from the archive…
DuBray
v.
United States
v.
United States
No. 77-5220.
Supreme Court of the United States.
Oct 31, 1977.
Published
C. A. 2d Cir. Certiorari denied.