Legal Opinion
Smith v. State
District Court of Appeal of Florida
Decided September 19, 1980No. 79-2281PublishedCited by 2 opinions
1Opinion of the Court
GRIMES, Judge.
In this appeal from his conviction for armed robbery, appellant challenges the denial of his motions to suppress identification and evidence.
After reviewing the evidence with respect to the motion to suppress identification in light of the criteria established by the Court in Neil v. Biggers, 409 U.S. 188, 93 S.Ct. 875, 34 L.Ed.2d 401 (1972), we cannot say that the procedures used to procure the identification were so impermissi-bly suggestive as to create a substantial likelihood of misidentification. The record sufficiently supports the denial of that motion.
The ruling on the…
2Cases cited5 opinions
- Neil v. BiggersSupreme Court of the United States · 1972
- Whiteley v. Warden, Wyoming State PenitentiarySupreme Court of the United States · 1971
- State v. HetlandDistrict Court of Appeal of Florida · 1979
- John v. StateDistrict Court of Appeal of Florida · 1978
- Byrd v. StateDistrict Court of Appeal of Florida · 1980
3Cited by2 opinions
- London v. StateDistrict Court of Appeal of Florida · 1989
- State v. RizzoDistrict Court of Appeal of Florida · 1981