United States v. Marvin Allen Rundell, 858 F.2d 425 (8th Cir. 1988). · Go Syfert
United States v. Marvin Allen Rundell, 858 F.2d 425 (8th Cir. 1988). Cases Citing This Book View Copy Cite
38 citation events (27 in the last 25 years) across 16 distinct courts.
Strongest positive: United States v. Raphael Nunn (ca8, 2025-12-04) · Strongest negative: Howard v. Bouchard (ca6, 2005-04-28)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 16 distinct citers. How cited ↗
discussed Cited "but see" Howard v. Bouchard
6th Cir. · 2005 · signal: but see · confidence high
But see United States v. Rundell, 858 F.2d 425, 427 (8th Cir. 1988) (“Except for the suggestiveness inherent in the witnesses’ knowing that appellant was the sole defendant charged with the robbery, there is no indication that the in-court identifications were based on anything other than the witnesses’ observations at the time of the crime.
discussed Cited "but see" Frank Howard v. Barbara Bouchard, Warden (2×)
6th Cir. · 2005 · signal: but see · confidence high
But see United States v. Rundell, 858 F.2d 425, 427 (8th Cir.1988) (“Except for the suggestiveness inherent in the witnesses’ knowing that appellant was the sole defendant charged with the robbery, there is no indication that the in-court identifications were based on anything other than the witnesses’ observations at the time of the crime.
discussed Cited as authority (rule) United States v. Raphael Nunn
8th Cir. · 2025 · confidence medium
To assess an identification procedure under the two-step reliability analysis, we first determine whether the procedure was “impermissibly suggestive.” United States v. Harper, 124 F.4th 1094, 1099 (8th Cir. 2025); United States v. Rundell, 858 F.2d 425, 426 (8th Cir. 1988).
discussed Cited as authority (rule) Williams v. Warden, Lebanon Correctional Institution (2×)
S.D. Ohio · 2022 · confidence medium
Citing U.S. v. Archibald, 734 F.2d 938, 941, 943 (2d Cir. 1984); U.S. v. Hill, 967 F.2d 226, 232 (6th Cir. 1992); U.S. v. Rundell, 858 F.2d 425, 427 (8th Cir. 1988). 18.
discussed Cited as authority (rule) State v. Dickson
Conn. · 2016 · confidence medium
Ed. 2d 357 (1992); United States v. Rundell, 858 F.2d 425, 427 (8th Cir. 1988) (noting ‘‘suggestiveness inherent in the witnesses’ knowing that [the defendant] was the sole [person] charged with the [crime]’’ and applying Biggers factors to in-court identification);12 United States v. Archibald, 734 F.2d 938, 943 (witness’ in-court identification suggestive when on cross-exami- nation, witness stated he had ‘‘feeling he would be sit- ting next to’’ defense counsel, and applying Biggers factors), modified, 756 F.2d 223 (2d Cir. 1984); E.
discussed Cited as authority (rule) United States v. Shepard-Fraser (2×)
1st Cir. · 2015 · confidence medium
See, e.g., -43- United States v. Greene, 704 F.3d 298, 307-08 (4th Cir. 2013); United States v. Rogers, 126 F.3d 655, 657-58 (5th Cir. 1997) ("[I]t is obviously suggestive to ask a witness to identify a perpetrator in the courtroom when it is clear who is the defendant."); United States v. Hill, 967 F.2d 226, 232 (6th Cir. 1992); United States v. Rundell, 858 F.2d 425, 426 (8th Cir. 1988); see also United States v. Beeler, 62 F. Supp. 2d 136, 140-45 (D.
discussed Cited as authority (rule) Commonwealth v. Crayton
Mass. · 2014 · confidence medium
See, e.g., United States v. Hill, 967 F.2d 226, 232 (6th Cir.), cert, denied, 506 U.S. 964 (1992) (admissibility of first-time in-court identification should be evaluated by same constitutional standard as pretrial identification, but even if it were impermis-sibly suggestive, it was reliable under totality of circumstances and therefore did not violate due process); United States v. Rundell, 858 F.2d 425, 426-427 (8th Cir. 1988) (same).
discussed Cited as authority (rule) Massillon v. Conway
S.D.N.Y. · 2008 · confidence medium
See Biggers, 409 U.S. at 202 , 93 S.Ct. at 383 (noting that a seven-month lapse between the crime and the confrontation would be a seriously negative factor in most eases); United States v. Wong, 40 F.3d 1347, 1360 (2d Cir.1994) (noting that the ten-month period between the crime and a lineup militated against reliability); United States v. Rundell, 858 F.2d 425, 427 (8th Cir.1988) (concluding that eight months between a robbery and an in-court confrontation negatively affected reliability under Biggers).
discussed Cited as authority (rule) August Kennaugh v. David H. Miller, Superintendent of Eastern Correctional Facility
2d Cir. · 2002 · confidence medium
All the concerns that underlie the Biggers analysis, including the degree of suggestiveness, the chance of mistake, and the threat to due process are no less applicable when the identification takes place for the first time at trial.”); United States v. Rundell, 858 F.2d 425, 426 (8th Cir.1988) (“A due process challenge to an in-court identification therefore requires a two-step determination: whether the challenged confrontation was impermissibly suggestive and, if so, whether the identification was nonetheless reliable under the totality of the circumstances.”); Code v. Montgomery, 725…
discussed Cited as authority (rule) Bond v. Walker
S.D.N.Y. · 1999 · confidence medium
E.g., United States v. Wong, 40 F.3d at 1360 (ten months between crime and identification, “while a factor militating against reliability, may be outweighed”); United States v. Maldonado-Rivera, 922 F.2d 934, 976 (2d Cir.1990) (“And though [the defendant] argues that the interval of nearly a year between [the witness’] last meeting with [the defendant] and her identification of his photograph makes that identification suspect, the length of that interval is outweighed by” other factors that indicated her identification was reliable), cert. denied, 501 U.S. 1211 , 111 S.Ct. 2811 , 115…
discussed Cited as authority (rule) Hopkins v. State
Md. · 1998 · confidence medium
See, e.g., Rodriguez, 63 F.3d at 557 ; United States v. Rutledge, 40 F.3d 879, 889 (7th Cir.1994), rev’d on other grounds, 517 U.S. 292 , 116 S.Ct. 1241 , 134 L.Ed.2d 419 (1996); United States v. Tortora, 30 F.3d 334, 338 (2d Cir.1994); United States v. Larkin, 978 F.2d 964, 970 (7th Cir.1992), ce rt. denied, 507 U.S. 935 , 113 S.Ct. 1323 , 122 L.Ed.2d 709 (1993); United States v. Hill, 967 F.2d 226, 230 (6th Cir.), cert. denied, 506 U.S. 964 , 113 S.Ct. 438 , 121 L.Ed.2d 357 (1992); United States v. Rundell, 858 F.2d 425, 426 (8th Cir.1988); State v. Clausell, 121 N.J. 298, 326 , 580 A.2d 2…
discussed Cited as authority (rule) United States v. Rogers
5th Cir. · 1997 · confidence medium
United States v. Archibald, 734 F.2d 938, 941, 943 (2d Cir.1984); see also United States v. Hill, 967 F.2d 226, 232 (6th Cir.1992) (where the court assumed, without deciding, that an in-court identification was impermissibly suggestive, and went on to consider the second prong of the test); United States v. Rundell, 858 F.2d 425, 427 (8th Cir.1988) (per curium) (same); but see United States v. Bush, 749 F.2d 1227, 1232 (7th Cir.1984) (holding that when defendant’s position at counsel table was the only suggestive circumstance, the court need not move to the second prong of the test).
discussed Cited as authority (rule) United States v. Roberts (2×)
W.D. Mo. · 1996 · confidence medium
Furthermore, as Judge Larsen aptly stated, suggestiveness of an array “does not depend upon the inventory of pictures the police department happens to have available as filler photos.” With respect to the identification’s independent reliability, see Neil v. Biggers, 409 U.S. 188, 199-200 , 193 S.Ct. 375 , 382, 34 L.Ed.2d 401 (1972); United States v. Rundell, 858 F.2d 425, 426-27 (8th Cir.1988), the Court is persuaded that Judge Larsen’s assessment of the identification’s independent reliability is correct.
discussed Cited as authority (rule) Freddie Lee Morrison v. William L. Webster, Attorney General for the State of Missouri Jim Jones
8th Cir. · 1995 · signal: cf. · confidence medium
Cf. United States v. Rundell, 858 F.2d 425, 426-27 (8th Cir. 1988) (eight-month delay between robbery and in-court confrontation, without any pretrial identification procedure, while negatively affecting reliability, did not alone make in-court identification inadmissible).
discussed Cited as authority (rule) United States v. Russell E. Hill
6th Cir. · 1992 · confidence medium
The court stated: A due process challenge to an in-court identification therefore requires a two-step determination: whether the challenged confrontation was impermissibly suggestive and, if so, whether the identification was nonetheless reliable under the totality of the circumstances. *232 Id. at 426 (applying Neil v. Biggers).
discussed Cited "see" State v. Loftus (2×)
S.D. · 1997 · signal: see · confidence high
See United States v. Rundell, 858 F.2d 425, 427 (8th Cir.1988) (An eight month time frame between robbery and identification did not render identification inadmissible); Abdo, 518 N.W.2d at 226 (Over two months between arrest and identification and three years between arrest and in-court identification not impermissibly suggestive).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Appellee,
v.
Marvin Allen RUNDELL, Appellant
88-1444.
Court of Appeals for the Eighth Circuit.
Oct 3, 1988.
858 F.2d 425
1988 U.S. App. LEXIS 13591
1988 WL 100403
Leslie R. Ablondi, Little Rock, Ark., for appellant., Robert L. Neighbors, Asst. U.S. Atty., Little Rock, Ark., for appellee.
McMillian, Gibson, Magill.
Cited by 26 opinions  |  Published
PER CURIAM.

Marvin Allen Rundell appeals from a final judgment entered in the District Court [1] for the Eastern District of Arkansas upon a jury verdict finding him guilty of bank robbery in violation of 18 U.S.C. § 2113(a). The district court sentenced appellant to twenty years imprisonment. For reversal appellant argues the district court erred in admitting the in-court identification testimony of two eyewitnesses. For the reasons discussed below, we affirm the judgment of the district court.

On July 9, 1987, two tellers at the First State Bank of Sherwood, Arkansas, were counting and bundling currency. A man wearing a baseball cap and sunglasses approached the tellers, pointed a gun at them, demanded and obtained the money, and left the building. A bank vice-president ob[*426] served a 1985 to 1987 black Chrysler Le-Baron pull away from the bank at high speed. Soon afterward, the tellers gave their descriptions of the man to the police. Each description resulted in a composite drawing from an “Identikit.” In addition, police learned that a 1986 black Chrysler LeBaron belonging to Helen Rundell had recently been reported as stolen.

On the day of the robbery, appellant was arrested in a motel parking lot as he was about to enter a black Chrysler LeBaron bearing license plates registered to him on a 1980 brown Renault. He had $2,240 in bills in his pocket. An inventory search of the car’s trunk revealed a toy pistol, a baseball cap, a pair of sunglasses, and a bundle of bills totalling $1,676 with the initials “CH” on the wrapper.

Neither bank teller participated in any pretrial identification procedure. At trial on March 15, 1988, teller Cathy Henderson described the robber as a white male, 5'8"~ 510", 160-170 pounds; wearing sunglasses, a khaki-colored shirt, dark pants, and a baseball cap; and holding a black gun. She identified by her initials the bundle of currency found in the trunk of the car, and identified other government exhibits as being similar to the gun, cap, and sunglasses used by the robber. Henderson testified she had a clear view of the robber for thirty seconds to a minute. She then identified appellant, sitting at the counsel table, as the robber.

During Henderson’s cross-examination, appellant stood at his attorney’s request and said, “Give me the money.” Henderson testified she believed that that was the voice she heard at the time of the robbery and that appellant was the man who came into the bank. She further testified she had not seen him since July 9, had not viewed any photograph of him, and had seen only a single composite drawing based on her description to the police shortly after the robbery.

The other teller, Shelley Rowland, identified money retrieved from appellant’s pocket as a bundle of currency she had marked in red ink just before the robbery. She testified she saw and identified that same currency later on July 9 at the police station. Rowland described the robber as a white male, about 5'8", 160-165 pounds, with collar-length sandy blond hair; wearing sunglasses, a baseball-type cap, and a brown short-sleeved shirt; and holding a gun. She identified government exhibits as the robber’s gun, cap, and sunglasses, and then identified appellant as the robber.

The only issue on appeal is whether the in-court confrontation and identifications were so suggestive and unreliable as to violate appellant’s right to due process.

In the context of eyewitness identification testimony, “[i]t is the likelihood of misidentification which violates a defendant’s right to due process.” Neil v. Biggers, 409 U.S. 188, 198, 93 S.Ct. 375, 381, 34 L.Ed.2d 401 (1972). A due process challenge to an in-court identification therefore requires a two-step determination: whether the challenged confrontation was impermissibly suggestive and, if so, whether the identification was nonetheless reliable under the totality of the circumstances. Graham v. Solem, 728 F.2d 1533, 1541 (8th Cir.) (banc), cert. denied, 469 U.S. 842, 105 S.Ct. 148, 83 L.Ed.2d 86 (1984).

In evaluating reliability, the court must consider the following factors:

the opportunity of the witness to view the criminal at the time of the crime, the witness’ degree of attention, the accuracy of the witness’ prior description of the criminal, the level of certainty demonstrated by the witness at the confrontation, and the length of time between the crime and the confrontation.

Neil v. Biggers, 409 U.S. at 199-200, 93 S.Ct. at 382. Against this assessment, the court should weigh “the corrupting effect” of the suggestive identification procedure to determine whether there was “such a substantial likelihood of irreparable mis-identification that the testimony should not be heard by the jury.” Graham v. Solem, 728 F.2d at 1542, 1547 (citing Manson v. Brathwaite, 432 U.S. 98, 114, 116, 97 S.Ct. 2243, 2253, 2254, 53 L.Ed.2d 140 (1977)).

Appellant emphasizes that during the eight months between the robbery and his trial, the eyewitnesses never saw him or his photograph. He argues that the in-court confrontation was impermissibly[*427] suggestive because he was sitting at the defense table as the only person on trial and thus the only person who could have been identified as the robber. Apparently, however, defense counsel did not request that appellant be allowed to sit elsewhere. Moreover, he did not object to the in-court identifications.

Except for the suggestiveness inherent in the witnesses’ knowing that appellant was the sole defendant charged with the robbery, see United States v. Robinson, 782 F.2d 128, 131 n. 3 (8th Cir.1986), there is no indication that the in-court identifications were based on anything other than the witnesses’ observations at the time of the crime. Thus, the more important question is whether the identifications based on those observations were reliable even if the in-court confrontation was suggestive. See id.; Graham v. Solem, 728 F.2d at 1542.

Applying the factors outlined in Biggers, appellant argues that the witnesses’ view of the robber was very brief and obscured by the robber’s cap and sunglasses, and that their fear and “shock” detracted from their attentiveness. He argues further that their descriptions, though similar to each other, were general and vague, and given to the police after Henderson and Rowland had time to discuss the details together.

We believe, however, that the adequacy of the witnesses’ opportunity to view and of their degree of attention is supported by their ability to describe the robber and assist in the preparation of Identikit composites. Appellant does not claim that the descriptions were inaccurate, and he concedes that the witnesses were very certain of their in-court identifications.

The length of time — more than eight months — between the robbery and the in-court confrontation is, as appellant argues, the factor most negatively affecting reliability in this case. Nevertheless, this factor alone does not render the in-court identifications so unreliable as to be inadmissible. Cf. United States v. Robinson, 782 F.2d at 131-32 (identification admissible despite five-month lapse between crime and in-court confrontation); United States v. Samalot Perez, 767 F.2d 1, 3 (1st Cir.1985) (same, despite four-year delay). Rather, the passage of time was a proper item for cross-examination and closing argument, see Manson v. Brathwaite, 432 U.S. at 113, 97 S.Ct. at 2252 and n. 14, and a circumstance for the jury to consider in assessing the weight to be given the identification testimony. See United States v. Samalot Perez, 767 F.2d at 3; Graham v. Solem, 728 F.2d at 1548.

Finally, although “other evidence of guilt does not play a formal role in the [Biggers ] analysis * * *, it is difficult to ignore additional facts which indicate that the actual likelihood of misidentification in this case was slim.” Graham v. Solem, 728 F.2d at 1546 (citing Manson v. Brathwaite, 432 U.S. at 116, 97 S.Ct. at 2254).

Under the totality of the circumstances here, we are convinced that the identification testimony was sufficiently reliable to overcome any likelihood of misidentification created by the courtroom confrontation, and that the testimony was thus properly admitted. Accordingly the judgment of the district court is affirmed.

1

. The Honorable Andrew W. Bogue, United States District Judge for the Eastern District of Arkansas.