United States v. Greene, No. 11-4683 (4th Cir. 2013)
Annotate this CaseDefendant appealed his convictions of armed robbery and brandishing a firearm during and in relation to a crime of violence. The court held that the government's effort to craft a freestanding "resemblance testimony" carve-out from settled eyewitness evidence jurisprudence was unavailing, and that the government's examination of the bank teller witness under the circumstances here resulted in the elicitation of unnecessarily suggestive evidence of identification wholly lacking reliability. Nevertheless, the court declined to find reversible error where the error in admitting the testimony did not affect defendant's substantial right to a fair trial. The court also held that the district court did not err in failing to give a Holley-Telfaire instruction. Accordingly, the court affirmed the judgment.
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