United States v. Ben Herbert Sutherland

CLARK, Circuit Judge:

A jury convicted Ben Herbert Sutherland on three counts relating to bank robbery. Because the District Court found that an impermissibly suggestive photographic identification created a substantial likelihood of misidentification, yet allowed the question of an in-court identification to go to the jury, we reverse and remand for a new trial. Other issues raised in this appeal which may arise on retrial are also considered.

I. BACKGROUND

Sutherland was indicted for conspiracy to rob unnamed banks,1 Bank robbery 2 and robbery with a dangerous weapon.3 He pleaded not guilty to…