Legal Opinion · Dissent

In re L.C.

District of Columbia Court of Appeals

Decided June 5, 2014No. 10-FS-709Published

1DissentNebeker, Senior Judge

There are two questions presented here: (1) whether, on these facts, the fact-finder with life experiences needs abstract help that effectively throws cold water, i.e. “a reasonable basis to doubt,” on the victim’s identification of the culprit — I say no; and (2) if the majority says it does, whether on these facts the exclusion of such testimony visited undue prejudice on the appellant. I say it did not. In trying to see the issue presented here through the eyes of the majority it is apparent that their premise — per se admissibility of the proffered testimony — is where we disagree.…

2Cases cited8 opinions

  1. Kotteakos v. United StatesSupreme Court of the United States · 1946
  2. Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
  3. Johnson v. United StatesDistrict of Columbia Court of Appeals · 1979
  4. Benn v. United StatesDistrict of Columbia Court of Appeals · 2009
  5. Turner v. United StatesDistrict of Columbia Court of Appeals · 1993

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