Legal Opinion
United States v. Franklin Perry
Court of Appeals for the D.C. Circuit
Decided June 1, 1971No. 22469PublishedCited by 22 opinions
1Opinion of the Court
SPOTTSWOOD W. ROBINSON, III, Circuit Judge:
The sole issue on this appeal, from convictions of robbery1 and simple assault,2 is whether a near-the-scene identification confrontation between a suspect without a lawyer and the victim, within an hour to an hour and a half after commission of the offenses,3 violated the suspect’s Sixth Amendment right to counsel4 or his Fifth Amendment right to due process of law.5 The District Judge, after a hearing, held that no such violation was established, and permitted an in-court identification of the suspect, our appellant, and testimony as to the…
2Cases cited39 opinions
- Johnson v. ZerbstSupreme Court of the United States · 1938
- United States v. WadeSupreme Court of the United States · 1967
- Simmons v. United StatesSupreme Court of the United States · 1968
- Stovall v. DennoSupreme Court of the United States · 1967
- Gilbert v. CaliforniaSupreme Court of the United States · 1967
34 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Turner v. StateCourt of Criminal Appeals of Texas · 1972
- Commonwealth v. TurnerSupreme Court of Pennsylvania · 1974
- Edward Lee Smith v. Ira M. Coiner, Warden of the West Virginia State PenitentiaryCourt of Appeals for the Fourth Circuit · 1973
- Foster & Forster v. StateCourt of Appeals of Maryland · 1974
- Cole v. StateCourt of Criminal Appeals of Texas · 1971
17 more not listed; retrieve them via the Exa API.