WASKO

v.

PULLEY, WARDEN

Citator

Cited By (11 total)

• United States v. L'Allier, 838 F.2d 234 (7th Cir. 1988)
  …ion was reliable.” Biggers, 409 U.S. at 199, 93 S.Ct. at 382.4 The defendant has the initial burden of establishing that the confrontation procedure was impermissibly suggestive. United States v. Briggs, 700 F. 2d 408, 412 (7th Cir.), cert. denied, 462 U.S. 1110, 103 S.Ct. 2463, 77 L.Ed.2d 1340 (1983). Only if the defendant meets this initial burden will the court consider the admissibility of the identification under the “totality of the circumstances” test. Id. To meet his initial burden of proving that t…
• United States ex rel. Joseph Kosik, Jr. v. Napoli, 814 F.2d 1151 (7th Cir. 1987)
  …that it creates a very substantial likelihood of irreparable misidentification. Brathwaite, 432 U.S. at 109-14, 97 S.Ct. at 2250-53; Biggers, 409 U.S. at 198-99, 93 S.Ct. at 382; United States v. Briggs, 700 F. 2d 408, 412 (7th Cir.), cert. denied, 462 U.S. 1110, 103 S.Ct. 2463, 77 L.Ed.2d 1340 (1983) & 461 U.S. 947, 103 S.Ct. 2129, 77 L.Ed.2d 1307 (1983). In holding that the identifications possess sufficient indicia of reliability to prevent a very substantial likelihood of irreparable misidentification w…

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• United States ex rel. Robert E. LEE v. Flannigan, 884 F.2d 945 (7th Cir. 1989)
  …to identify a defendant goes to the credibility of the in-court identification and not to its admissibility, and thus raises a proper question of fact for the jury to determine.”), cert. denied, 461 U.S. 947, 103 S.Ct. 2129, 77 L.Ed.2d 1307 (1983); 462 U.S. 1110, 103 S.Ct. 2463, 77 L.Ed.2d 1340 (1983). The fifth and final factor we weigh in determining the reliability of an identification was the amount of time between the crime and Larson’s identification of Lee. Larson identified Lee five days after his…