United States v. Whitewater, No. 17-1258 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit affirmed defendant's conviction for firearms-related charges. The court held that the district court properly allowed the evidence of the photo line up to go to the jury because the identification procedures were not impermissibly suggestive. The court reasoned that even if defendant were in fact the only Native American, all of the men featured in the lineup shared similar physical characteristics such that defendant's ethnicity did not isolate him. Furthermore, defendant cited no legal authority for his proposition that including only one local resident and party attendee made the lineup suggestive.
Court Description: Shepherd, Author, with Benton and Kelly, Circuit Judges] Criminal case - Criminal law. Photo lineup was not impermissibly suggestive, and the district court properly allowed evidence from the photo lineup at trial.
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