Legal Opinion
United States v. Rodney Merle Fowler
Court of Appeals for the Ninth Circuit
Decided February 25, 1971No. 26097_1PublishedCited by 48 opinions
1Opinion of the Court
EUGENE A. WRIGHT, Circuit Judge:
Rodney Merle Fowler appeals his conviction on two counts charging him with smuggling and transporting 132 pounds of marijuana from Mexico. 19 U.S.C. §§ 1459, .1461; 21 U.S.C. § 176a. We reverse because the pre-trial photographic identification procedure was so impermissibly suggestive as to give rise to a substantial likelihood of irreparable misidentification.
Fowler admits that the marijuana in question was concealed in the automobile he drove across the border. His defense was that the automobile belonged to one Ellis whom Fowler had earlier accompanied on a…
2Cases cited7 opinions
- Simmons v. United StatesSupreme Court of the United States · 1968
- Gilbert v. CaliforniaSupreme Court of the United States · 1967
- United States v. William Edward Zeiler, United States of America v. William Edward Zeiler, Richard Peter Chiocca, William Edward ZeilerCourt of Appeals for the Third Circuit · 1970
- William R. Mason v. United StatesCourt of Appeals for the D.C. Circuit · 1969
- United States v. Richard Earl WilliamsCourt of Appeals for the Ninth Circuit · 1970
2 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- United States v. Hugh MacLeod Pheaster, United States of America v. Angelo IncisoCourt of Appeals for the Ninth Circuit · 1976
- United States v. BaxterCourt of Appeals for the Ninth Circuit · 1973
- United States v. Gilbert Joseph EathertonCourt of Appeals for the First Circuit · 1975
- United States v. LongCourt of Appeals for the Eighth Circuit · 1971
- State v. HilliardWashington Supreme Court · 1977
43 more not listed; retrieve them via the Exa API.