UNITED STATES OF AMERICA
v.
JAMES E. YORK, APPELLANT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court affirmed the District Court's determination that there was an independent source for the witness' identification and that the photographic identifications satisfied due process.
Following a prior remand, the District Court held an evidentiary hearing to determine if there was an independent source for a witness' in-trial ident…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Independent Source For Identification cases and more on FLexlaw
PER CURIAM:
On the first appeal in this case, we remanded to the District Court for an appropriate determination as to whether there was an independent source for appellant’s in-trial identification by the Government’s principal witness.1 On the remand, the District Court held an evidentiary hearing and, as delineated in its written opinion,2 concluded that there was,3 and that the witness’ pre-arrest photographic identifications of appellant satisfied due process standards.4 The record amply supports the District Court’s rulings, and for the reasons set forth in its opinion the order now appealed from is
Affirmed.
. United States v. York, 138 U.S.App.D.C. 197, 199, 426 F. 2d 1191, 1193 (1969).
. United States v. York, 321 F.Supp. 539 (D.D.C.1970).
. See United States v. Wade, 388 U.S. 218, 240-241, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967) ; United States v. Kemper, 140 U.S.App.D.C. 47, 433 F. 2d 1153 (1970).
. See Simmons v. United States, 390 U.S. 377, 382-386, 88 S.Ct. 967, 19 L.Ed.2d 1247 (1968).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- United States v. Wade, 388 U.S. 218 (U.S. 1967)
- Simmons v. United States, 390 U.S. 377 (U.S. 1968)
- United States v. York, 426 F.2d 1191 (D.C. Cir. 1969)
- United States v. Kemper, 433 F.2d 1153 (D.C. Cir. 1970)