EUGENE HATTEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1969-01-14
No. 1672
WALDEN, C. J., and McCAIN and OWEN, JJ., concur.
217 So. 2d 594 Florida District Court of Appeal, Fourth District (1969) Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

By this appeal defendant Eugene Hatten claims a denial of his right to counsel at a line-up under United States v. Wade, 1967, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed. 2d 1149. Defendant himself concedes that the line-up confrontation took place prior to 12 June 1967, the effective date of Wade.

In Stovall v. Denno, 1967, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199. the Supreme Court held that Wade would not apply to confrontations held prior to 12 June 1967. We find defendant’s claim that the line-up in this case was so highly suggestive as to deprive him of due process to be without merit. Stovall v. Denno, supra; Bradley v. State, Fla.App.1968, 206 So.2d 657.

Accordingly, the judgment is

Affirmed.

WALDEN, C. J., and McCAIN and OWEN, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Namon D. Paige v. State, 227 So. 2d 727 (Fla. 2d DCA 1969)
    …Affirmed. PIERCE, Acting C. J., and MANN, J., concur. . (1967), 388 U.S. 218, 87 S.Ct. 1926, 18 D.Ed.2d 1149. . (1967), 388 U.S. 293, 87 S.Ct. 1987, 18 L.Ed.2d 1199. . Id. at 388 U.S. 296, 87 S.Ct. 1969, 18 L.Ed.2d 1203. . (Fla.App.4th 1969), 217 So. 2d 594.…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw