United States v. James E. York

U.S. Court of Appeals for the D.C. Circuit February 5, 1971

United States v. James E. York, 440 F.2d 252 (D.C. Cir. 1971)

142 U.S. App. D.C. 224; 1971 U.S. App. LEXIS 12030

Opinion

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).

Reference

Full Case Name: UNITED STATES of America v. James E. YORK, Appellant
Status: Published