Pender v. United States

FICKLING, Associate Judge:

Appellant Joann Pender was convicted after a jury trial for violation of D.C.Code 1967, § 22-1506 (three-card monte statute) and § 22-2201 (grand larceny). On appeal she asserts: (1) that the post-lineup identi fication was impermissible in the absence of counsel, 1 and that the lineup itself was unnecessarily suggestive in violation of her right to due process of law; 2 thus, the testimony concerning the lineup was inadmissible; (2) that the complainant’s in-court identification lacked a source independent of the pre-trial lineup. After scrutinizing the record, we…