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I Wear My Sunglasses . . . in Court

By Melody Evans and Kirk Redmond

The Tenth Circuit didn't give any relief to Mr Thompson here, but some interesting identification thoughts can be generated out of this published opinion. Mr Thompson was charged with bank robbery and weapons violations. At the prosecution's request, the district court made Mr Thompson put on sunglasses so that the jury could compare that real life, in-court image of him with the bank videotape of the robber. Some notes:First, there is a very real distinction between challenging pre-trial identification and in-court identification. Both are grounded in due process, but the applicable law and analysis is distinct. This was an in-court identification. "We rely on our decisions in Curtis, 344 F.3d 1057, and United States v. Robertson, 19 F...continue to full post

Full post as published by Kansas Federal Defender on May 06, 2008 (boomark / email).