Legal Opinion

Shepherd v. State

District Court of Appeal of Florida

Decided May 26, 1999No. 98-3336PublishedCited by 1 opinion

1Per curiam

We affirm appellant’s convictions in this case. Even assuming an improperly suggestive identification procedure, the totality of the circumstances demonstrates that there was no substantial likelihood of irreparable misidentification. See Neil v. Biggers, 409 U.S. 188, 199-200, 98 S.Ct. 375, 34 L.Ed.2d 401 (1972); Macias v. State, 673 So.2d 176, 181 (Fla. 4th DCA 1996).

Minutes after the carjacking, a police officer spotted the victim’s vehicle. Once the officer activated his blue lights, the vehicle accelerated to a high speed and began swerving from lane to lane. The officer saw the vehicle…

2Cases cited4 opinions

  1. Neil v. BiggersSupreme Court of the United States · 1972
  2. Blanco v. StateSupreme Court of Florida · 1984
  3. MacIas v. StateDistrict Court of Appeal of Florida · 1996
  4. State v. CromartieDistrict Court of Appeal of Florida · 1982

3Cited by1 opinion

  1. Delaveaux v. StateDistrict Court of Appeal of Florida · 2004

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