Legal Opinion
United States ex rel. Miller v. LaVallee
District Court, E.D. New York
Decided July 29, 1970No. 69-C-883PublishedCited by 3 opinions
1Opinion of the Court
JUDD, District Judge.
MEMORANDUM AND ORDER
In this habeas corpus proceeding by a state prisoner, the principal question is whether pretrial identification was improperly suggestive.
Both petitioners were convicted of robbery in the first degree after a jury trial in the Supreme Court, Queens County. They were charged with holding up a bar and grill at gunpoint in March, 1962. The question of identification was crucial, since there was no other clear evidence that either was present at the scene of the robbery.
The conviction was reversed by the Appellate Division for admission in evidence of a…
2Cases cited17 opinions
- United States v. WadeSupreme Court of the United States · 1967
- Stovall v. DennoSupreme Court of the United States · 1967
- Coleman v. AlabamaSupreme Court of the United States · 1970
- George W. Bates v. United StatesCourt of Appeals for the D.C. Circuit · 1968
- William R. Mason v. United StatesCourt of Appeals for the D.C. Circuit · 1969
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3Cited by3 opinions
- Ballard v. WalkerDistrict Court, E.D. New York · 1991
- Player v. BerryDistrict Court, E.D. New York · 1992
- State v. LeonardoSupreme Court of Rhode Island · 1981