Legal Opinion

United States v. Richard Michael Sullivan

Court of Appeals for the Fifth Circuit

Decided March 8, 1972No. 71-2529PublishedCited by 13 opinions

1Per curiam

Richard Michael Sullivan appeals from a jury verdict of guilty on a two-count indictment charging violations of 18 U. S.C.A. § 2113(a) and (e). We affirm.

Sullivan first contends that repeated displays of picture spreads to eyewitnesses of the crime were imper-missibly suggestive and gave rise to a substantial likelihood of irreparable mis-identification, contrary to the standards laid down in Simmons v. United States, 390 U.S. 377, 88 S.Ct. 967, 19 L.Ed.2d 1247 (1968), because upon the initial display, some of the witnesses either identified someone else or no one at all. The trouble for this…

2Cases cited3 opinions

  1. Simmons v. United StatesSupreme Court of the United States · 1968
  2. United States v. Ben Herbert SutherlandCourt of Appeals for the Fifth Circuit · 1970
  3. United States v. Erwin Edward Ballard, United States of America v. Richard Henry BryanCourt of Appeals for the Fifth Circuit · 1970

3Cited by13 opinions

  1. United States v. Fred Louis Bell and Charles Lavern BeasleyCourt of Appeals for the Fifth Circuit · 1972
  2. In Re the Matter of Attorney's Fees and Expenses of Appointed Counsel, Nancy Ann Baker, United States of America v. Anita J. WaltonCourt of Appeals for the Ninth Circuit · 1982
  3. Downer v. StateSupreme Court of Florida · 1979
  4. United States v. Glen McCullah Willard Petrey, James Tankersley, and Ewell ScottCourt of Appeals for the Sixth Circuit · 1984
  5. Richard M. Sullivan v. United StatesCourt of Appeals for the Fifth Circuit · 1973

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