green
Positive treatment
Quoted verbatim 1×
9.0 score
“only the effects of, rather than the causes for, preidentification encounters should be determinative of whether the confrontations were unduly suggestive”
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988
2007
2026
Top citers, strongest first. 34 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Commonwealth v. Jones
only the effects of, rather than the causes for, preidentification encounters should be determinative of whether the confrontations were unduly suggestive
cited
Cited "see"
United States v. Lewis
See Thigpen v. Cory, 804 F.2d 893, 895 (6th Cir.1986), cert. denied, 482 U.S. 918 , 107 S.Ct. 3196 , 96 L.Ed.2d 683 (1987).
discussed
Cited "see"
Frank Howard v. Barbara Bouchard, Warden
(2×)
See Thigpen v. Cory, 804 F.2d 893, 896 (6th Cir.1986), cert. denied, 482 U.S. 918 , 107 S.Ct. 3196 , 96 L.Ed.2d 683 (1987) (procedure employed was unduly suggestive where witness was unable to identify the defendant until the witness sat next to him at a codefendant’s trial); see also United States v. Bouthot, 878 F.2d 1506, 1516 (1st Cir.1989) (procedure was unduly suggestive where police-officer witness observed the defendant in state court prior to identifying the defendant); United States v. Rogers, 126 F.3d 655, 658 (5th Cir.1997) (“it is obviously suggestive to ask a witness to ident…
discussed
Cited "see"
Howard v. Bouchard
See Thigpen v. Cory, 804 F.2d 893, 896 (6th Cir. 1986), cert. denied, 482 U.S. 918 (1987) (procedure employed was unduly suggestive where witness was unable to identify the defendant until the witness sat next to him at a codefendant’s trial); see also United States v. Bouthot, 878 F.2d 1506, 1516 (1st Cir. 1989) (procedure was unduly suggestive where police-officer witness observed the defendant in state court prior to identifying the defendant); United States v. Rogers, 126 F.3d 655, 658 (5th Cir. 1997) (“it is obviously suggestive to ask a witness to identify a perpetrator in the courtr…
discussed
Cited "see"
United States v. Beeler
See Thigpen v. Cory, 804 F.2d 893, 896 (6th Cir.1986), cert. denied Foltz v. Thigpen, 482 U.S. 918 , 107 S.Ct. 3196 , 96 L.Ed.2d 683 (1987) (reasoning that “seeing a man in a small line-up for a crime is likely to associate that person with the crime to some degree in the witness’s mind.”).
discussed
Cited "see"
United States v. Trujillo
See United States v. Page, 808 F.2d 723, 730 (10th Cir.), cert. denied, 482 U.S. 918 , 107 S.Ct. 3195 , 96 L.Ed.2d 683 (1987); United States v. Derr, 990 F.2d 1330, 1336 (D.C.Cir.1993) (an incremental amount of impeachment evidence on an already compromised witness does not amount to material evidence). , Mr. Trujillo argues the impeachment value of the undisclosed evidence is of a different type and magnitude than that presented at trial because it contained statements inconsistent with Mr. Ladd’s trial testimony and went beyond the potential motive and bias implicit in Mr. Ladd’s plea ag…
discussed
Cited "see"
John S. Freund v. Robert A. Butterworth, Attorney General
See Porter v. Wainwright, 805 F.2d 930, 940 (11th Cir.1986) (focusing on fact that former client/witriess was “one of the prosecution’s star witnesses”), cert. denied, 482 U.S. 918 , 107 S.Ct. 3195 , 96 L.Ed.2d 682 (1987); Smith, 815 F.2d at 1405-06 (rejecting habeas claim where petitioner could not show that “either (1) counsel’s earlier representation of the witness was substantially and particularly related to counsel’s later representation of defendant, or (2) counsel actually learned particular confidential information during the prior representation of the witness that was re…
discussed
Cited "see"
United States v. Milton Edwards, United States of America v. Terry Ratliff, Sr., United States of America v. William Thomas Lawrence, United States of America v. Kerry Chaplin
The purpose of these requirements is to ensure that the relatively intrusive device of wiretapping "is not resorted to in situations where traditional investigative techniques would suffice to expose the crime." United States v. Kahn, 415 U.S. 143 , 153 n. 12, 94 S.Ct. 977 , 983 n. 12, 39 L.Ed.2d 225 (1974). 21 In examining necessity challenges to wiretap orders, we have repeatedly held that law enforcement officials are not required "to exhaust all other conceivable investigative procedures before resorting to wiretapping." United States v. Apodaca, 820 F.2d 348, 350 (10th Cir.), cert. denied…
discussed
Cited "see"
United States v. Edwards
In examining necessity challenges to wiretap orders, we have repeatedly held that law enforcement officials are not required “to exhaust all other conceivable investigative procedures before resorting to wiretapping.” United States v. Apodaca, 820 F.2d 348, 350 (10th Cir.), cert. denied, 484 U.S. 903 , 108 S.Ct. 245 , 98 L.Ed.2d 202 (1987); accord United States v. Page 808 F.2d 723, 729 (10th Cir.) (“[A] wiretap authorization can be issued even if every possible means of investigation has not been tried.”), cert. denied, 482 U.S. 918 , 107 S.Ct. 3195 , 96 L.Ed.2d 683 (1987).
cited
Cited "see"
United States v. William E. Sherman
See United States v. Page, 808 F.2d 723, 728 (10th Cir.), cert. denied, 482 U.S. 918 (1987).
discussed
Cited "see"
United States v. Richard Stevens
See Thigpen v. Cory, 804 F.2d 893, 897 (6th Cir.1986) (“This court has previously noted the important effects stress or excitement may have on the reliability of an identification.”), cert. denied, 482 U.S. 918 , 107 S.Ct. 3196 , 96 L.Ed.2d 683 (1987); People v. Kachar, 400 Mich. 78, 94-98 , 252 N.W.2d 807, 814-15 (1977).
discussed
Cited "see"
United States v. Adam Victor Guerra-Marez, Esperanza Adame, Maria Paredes-Moya, and Wenseslada Reyes-Moya
See United States v. Page, 808 F.2d 723, 728 (10th Cir.), cert. denied, 482 U.S. 918 , 107 S.Ct. 3195 , 96 L.Ed.2d 683 (1987); United States v. Cole, 807 F.2d 262 (1st Cir.1986), cert. denied, 481 U.S. 1069 , 107 S.Ct. 2461 , 95 L.Ed.2d 870 (1987).
discussed
Cited "see"
United States v. Hart
See United States v. Page, 808 F.2d 723, 730 (10th Cir.) (where jury already knew that government’s principal witness had been arrested several times, failure to disclose additional arrest did not violate Brady), cert. denied, 482 U.S. 918 , 107 S.Ct. 3195 , 96 L.Ed.2d 683 (1987); United States v. Haskins, 737 F.2d 844, 852 (10th Cir. *656 1984) (failure to disclose government assistance to witnesses in obtaining prison transfer was only cumulative impeachment).
discussed
Cited "see"
Grant L. Doran v. Hal Stratton, Eloy Mondragon
(2×)
See United States v. Page, 808 F.2d 723, 727 (10th Cir.), cert. denied, 482 U.S. 918 (1987). 10 Moreover, Mr. Berlint's misstatement was not material. 3 The charges to which it applied were dismissed after the prosecution presented its case.
discussed
Cited "see"
James McConico Jr. v. State of Alabama, John E. Nagle
See Lightbourne, 829 F.2d at 1023 ("An attorney who cross-examines a former client inherently encounters divided loyalties.") (citing Porter v. Wainwright, 805 F.2d 930, 939 (11th Cir.1986), cert. denied, 482 U.S. 918 , 107 S.Ct. 3195 , 96 L.Ed.2d 682 (1987); Stephens v. United States, 595 F.2d 1066, 1070 (5th Cir.1979)). 4 As we stated in a case involving similar facts: In these circumstances, counsel is placed in the equivocal position of having to cross-examine his own client as an adverse witness.
discussed
Cited "see"
Marvin Edwin Johnson v. Richard L. Dugger, Secretary, Florida Department of Corrections
(2×)
See Porter v. Wainwright, 805 F.2d 930, 935-36 (11th Cir.1986), cert. denied, 482 U.S. 918 , 107 S.Ct. 3195 , 96 L.Ed.2d 682 (1987); Stevens v. State, 552 So.2d 1082, 1086 (Fla.1989).
discussed
Cited "see"
United States v. Millard Bowie
Brien v. United States, 695 F.2d 10, 15 (1st Cir.1982); see Porter v. Wainwright, 805 F.2d 930, 939-40 (11th Cir.1986), cert. denied, 482 U.S. 918 & 919, 107 S.Ct. 3195 & 3196, 96 L.Ed.2d 682 & 683 (1987).
discussed
Cited "see"
United States of America, and Cross-Appellee v. Jessie Ervin Buchanan, and Cross-Appellant
See United States v. Page, 808 F.2d 723, 730 (10th Cir.) (where jury already knew that government’s principal witness had been arrested several times, failure to disclose additional arrest did not violate Brady), cert. denied, 482 U.S. 918 , 107 S.Ct. 3195 , 96 L.Ed.2d 683 (1987); United States v. Haskins, 737 F.2d 844, 852 (10th Cir.1984) (failure to disclose government assistance to witnesses in ob- *1444 taming prison transfer was only cumulative impeachment).
discussed
Cited "see"
Clark v. State
See United States v. Hernandez-Cano , 808 F.2d 779 , 784 (11th Cir.) (to avail themselves of inevitable discovery rule, police must have begun conduct leading *Page 825 to discovery of evidence before they commit illegality), cert. denied, 482 U.S. 918 , 107 S.Ct. 3194 , 96 L.Ed.2d 682 (1987). "[C]ourts must be extremely careful not to apply the 'inevitable discovery' rule upon the basis of nothing more than a hunch or speculation as to what otherwise might have occurred." W.
discussed
Cited "see"
United States v. Joseph T. Bouthot
See Thigpen v. Cory, 804 F.2d 893, 895 (6th Cir.1986) (“[O]nly the effects of, rather than the causes for, preidentification encounters should be determinative of whether the confrontations were unduly suggestive.”), cert. denied, 482 U.S. 918 , 107 S.Ct. 3196 , 96 L.Ed.2d 683 (1987); Green v. Loggins, 614 F.2d 219, 222 (9th Cir.1980); United States v. Ballard, 534 F.Supp. 749, 751 (M.D.Ala.1982); State v. Fullwood, 476 A.2d 550 , 558 n. 9 (Conn.1984); People v. Reynolds, 116 Ill.App.3d 328 , 71 Ill.Dec. 849, 856 , 451 N.E.2d 1003, 1010 (Ill.App.1983); People v. Moore, 96 A.D.2d 1044 , 466…
discussed
Cited "see"
State v. Hewitt
Id.; see United States v. Page, 808 F.2d 723 (10th Cir.), cert. denied, 482 U.S. 918 , 107 S.Ct. 3195 , 96 L.Ed.2d 683 , and 484 U.S. 989 , 108 S.Ct. 510 , 98 L.Ed.2d 508 (1987) (dismissal of an indictment is proper only if the prosecutorial misconduct is so flagrant that there was some infringement on the grand jury’s ability to exercise independent judgment).
discussed
Cited "see, e.g."
United States v. Campbell
See also Thigpen v. Cory, 804 F.2d 893, 895 (6th Cir.1986), cert. denied, 482 U.S. 918 , 107 S.Ct. 3196 , 96 L.Ed.2d 683 (1987) (“A conviction based on identification testimony following pretrial identification violates the defendant’s constitutional right to due process whenever the pretrial identification procedure is so impermissibly suggestive as to give rise to a very substantial *692 likelihood of irreparable misidentification.”) In Stovall , the defendant was brought to the hospital bed of a witness two days after the offense.
cited
Cited "see, e.g."
Commonwealth v. Jones
Cherry, 759 F.2d at 1204 ; see also United States v. Hernandez-Cano, 808 F.2d 779, 784 (11th Cir.), cert. denied, 482 U.S. 918 (1987).
discussed
Cited "see, e.g."
United States v. Pegg
Pursuant to Freund v. Butterworth, to prove adverse effect a defendant must satisfy three elements: First, he must point to “some plausible alternative defense strategy or tactic [that] might have been pursued.” United States v. Fahey, 769 F.2d 829, 836 (1st Cir.1985); see also, Porter [v. Wainwright, 805 F.2d 930, 939-40 (11th Cir. 1986), cert. denied, 482 U.S. 918 , 107 S.Ct. 3195 , 96 L.Ed.2d 682 (1987) ].
discussed
Cited "see, e.g."
John S. Freund v. Robert A. Butterworth, Attorney General
(2×)
First, he must point to “some plausible alternative defense strategy or tactic [that] might have been pursued.” United States v. Fahey, 769 F.2d 829, 836 (1st Cir.1985); see also Porter [v. Wainwright, 805 F.2d 930, 939-40 (11th Cir.1986), cert. denied, 482 U.S. 918 , 107 S.Ct. 3195 , 96 L.Ed.2d 682 (1987)].
discussed
Cited "see, e.g."
Judy A. Buenoano v. Harry K. Singletary
Id.; See also Porter v. Wainwright, 805 F.2d 930, 933 (11th Cir.1986), cert. denied, 482 U.S. 918 , 107 S.Ct. 3195 , 96 L.Ed.2d 682 (1987); Smith v. Wainwright, 111 F.2d 609, 615 (11th Cir.1985), cert. denied, 477 U.S. 905 , 106 S.Ct. 3275 , 91 L.Ed.2d 565 (1986).
cited
Cited "see, e.g."
United States v. Burger
See, e.g., United States v. Page, 808 F.2d 723, 728 (10th Cir.), cert. denied, 482 U.S. 918 , 107 S.Ct. 3195 , 96 L.Ed.2d 683 (1987).
cited
Cited "see, e.g."
United States v. Jose Luis Latorre, A/K/A \El Cano
See also United States v. Page, 808 F.2d 723, 727-28 (10th Cir.), cert. denied, 482 U.S. 918 , 107 S.Ct. 3195 , 96 L.Ed.2d 683 (1987).
discussed
Cited "see, e.g."
Vernon Dale Travis v. A.L. Lockhart, Director, Arkansas Department of Correction
See, e.g., Porter v. Wainwright, 805 F.2d 930 , 940 n. 11 (11th Cir.1986) (appellate court would not consider procedural default where state did not raise issue in district court or on appeal), cert. denied, 482 U.S. 918 , 107 S.Ct. 3195 , 96 L.Ed.2d 682 (1987).
cited
Cited "see, e.g."
United States v. Latorre
See also United States v. Page, 808 F.2d 723, 727-28 (10th Cir.), cert. denied, 482 U.S. 918 , 107 S.Ct. 3195 , 96 L.Ed.2d 683 (1987).
discussed
Cited "see, e.g."
United States v. Paredes-Moya
See also United States v. Page, 808 F.2d 723, 728 (10th Cir.) (assuming applicability of Franks), cert. denied, 482 U.S. 918 , 107 S.Ct. 3195 , 96 L.Ed.2d 683 (1987); United States v. Cole, 807 F.2d 262, 268 (1st Cir.1986) (same), cert. denied, 481 U.S. 1069 , 107 S.Ct. 2461 , 95 L.Ed.2d 870 (1987); United States v. Southard, 700 F.2d 1, 7-8 (1st Cir.) (same), cert. denied, 464 U.S. 823 , 104 S.Ct. 89 , 78 L.Ed.2d 97 (1983); United States v. Valdez-Pacheco, 701 F.Supp. 775, 781 (D.Or.1988) (same); United States v. Levy, 694 F.Supp. 1136, 1147 (D.N.J.1988) (same); United States v. Mancan, 663 F…
cited
Cited "see, e.g."
United States v. Recognition Equipment, Inc.
See, e.g., United States v. Page, 808 F.2d 723, 727-28 (10th Cir.), cert. denied, 482 U.S. 918 , 107 S.Ct. 3195 , 96 L.Ed.2d 683 (1987).
cited
Cited "see, e.g."
United States v. Antonio Rivera-Santiago, A/K/A Junior Vivique, United States of America v. Nestor Cancel-Hernandez, A/K/A Papo, United States of America v. Edwin Romero-Lopez, United States of America v. Henry Castro-Poupart, A/K/A Quique, United States of America v. Luis Romero-Lopez, A/K/A Nando, United States of America v. Manuel Ortiz-Ortiz
See also United States v. Page, 808 F.2d 723, 727-28 (10th Cir.), cert. denied, 482 U.S. 918 , 107 S.Ct. 3195 , 96 L.Ed.2d 683 (1987).
cited
Cited "see, e.g."
United States v. Rivera-Santiago
See also United States v. Page, 808 F.2d 723, 727-28 (10th Cir.), cert. denied, 482 U.S. 918 , 107 S.Ct. 3195 , 96 L.Ed.2d 683 (1987).
Retrieving the full opinion text from the archive…
Max
v.
Lane, Director, Illinois Department of Corrections
v.
Lane, Director, Illinois Department of Corrections
No. 86-6746.
Supreme Court of the United States.
Jun 8, 1987.
482 U.S. 918
Published
Citer courts: Massachusetts Supreme Judicial… (1)
C. A. 7th Cir. Certiorari denied.