U.S. Court of Appeals for the Second Circuit, 1970

United States ex rel. Green v. Follette

U.S. Court of Appeals for the Second Circuit · Decided February 20, 1970

421 F.2d 1392 (Federal Reporter, Second Series)

Counsel

Ira I. Van Leer, New York City, for petitioner-appellant., Amy Juviler, Asst. Atty. Gen., New York City (Samuel A. Hirshowitz, First Asst. Atty. Gen., and Louis J. Lefkowitz, Atty. Gen. of the State of New York, New York City on the brief), for respondent-appellee.

Cases that cite this one

1 later published case cites this decision.

United States of America Ex Rel. Leslie Direl Green v. Harold W. Follette, as Warden of Green Haven State Prison, Stormville, New York (2d Cir. 1970)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM:

We affirm by applying the principles set forth in United States ex rel. Rutherford v. Deegan, 406 F.2d 217 (2d Cir.), cert. denied, 395 U.S. 983, 89 S.Ct. 2145, 23 L.Ed.2d 771 (1969). There is nothing in the “totality of circumstances surrounding” the identification to justify a finding that there was any “likelihood of irreparable misidentification.” Id., 406 F.2d at 220; see Stovall v. Denno, 388 U.S. 293, 301-302, 87 S.Ct. 1967, 18 L.Ed.2d 1199 (1967); accord, Simmons v. United States, 390 U.S. 377, 383, 384, 88 S.Ct. 967, 19 L.Ed.2d 1247 (1968). Since the judgment of conviction was entered on January 21, 1959, the case is governed by the holding of the Supreme Court in Stovall v. Denno, 388 U.S. 293, 87 S.Ct. 1967 (1967). There was no violation of relator’s constitutional right to due process.

Affirmed.

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