Legal Opinion

United States v. Michael Fosher

Court of Appeals for the First Circuit

Decided January 4, 1978No. 77-1113PublishedCited by 96 opinions

1Opinion of the Court

TUTTLE, Circuit Judge.

On June 1, 1976, the defendant, Michael Fosher, was indicted for armed robbery of a federally insured bank and assault of bank employees with a dangerous weapon. 1 Following a three-day jury trial, defendant was convicted of both defenses. He did not testify in his own defense. On appeal, defendant contends that the district court committed reversible error by admitting into evidence a “mug shot” 2 taken of him in connection with an earlier and unconnected arrest. Because the probative value of the mug shot in identifying the defendant as one of the robbers was…

2Cases cited40 opinions

  1. Simmons v. United StatesSupreme Court of the United States · 1968
  2. Gilbert v. CaliforniaSupreme Court of the United States · 1967
  3. Michelson v. United StatesSupreme Court of the United States · 1949
  4. Spencer v. TexasSupreme Court of the United States · 1966
  5. United States v. Arthur BarrettCourt of Appeals for the First Circuit · 1976

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3Cited by96 opinions

  1. Danielle J. Pittsley v. Sergeant Philip WarishCourt of Appeals for the First Circuit · 1991
  2. Commonwealth v. RodriguezMassachusetts Supreme Judicial Court · 1979
  3. United States v. Pedro M. Gonzalez-Sanchez, United States of America v. Carlos Latorre, United States of America v. Manuel Parrilla-MarquezCourt of Appeals for the First Circuit · 1987
  4. United States v. CrestaCourt of Appeals for the First Circuit · 1987
  5. United States v. Victor Ernesto Bosch, United States of America v. Victor Correa GomezCourt of Appeals for the First Circuit · 1978

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