JOSEPH LAMBS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed a judgment and sentence, holding that the lineup identification occurred before the effective date of Supreme Court decisions requiring counsel at such identifications, and that the pretrial confrontation was not unduly suggestive.
No, the lineup identification did not violate the appellant's due process rights because it occurred before the effective date of the Wade and Gilbert decisions. Furthermore, the pretrial confrontation was not unnecessarily suggestive.
“In the case at bar the lineup identification of which complaint is made occurred November, 1966, and is therefore not affected by Wade and Gilbert, notwithstanding that the trial at which the evidence was introduced occurred in December, 1967.”
Establishes the timeline of the identification and its relation to the relevant Supreme Court decisions.
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Join FLexlaw to unlock all legal intelligenceThe appellant was identified in a lineup in November 1966. His trial, where this identification evidence was introduced, took place in December 1967. …
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The judgment and sentence appealed are affirmed. In Stovall v. Denno, 1967, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed. 2d 1199, it was held that United States v. Wade, 1967, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149 and Gilbert v. California, 1967, 388 U.S. 263, 87 S.Ct. 1951, 18 L. Ed.2d 1178 would affect other cases involving confrontations for identification purposes in the absence of counsel after the date of such decisions, June 12, 1967. In the case at bar the lineup identification of which complaint is made occurred November, 1966, and is therefore not affected by Wade and Gilbert, notwithstanding that the trial at which the evidence was introduced occurred in December, 1967. As to appellant’s last point, the record establishes that the pretrial confrontation was not so unnecessarily suggestive and conducive to irreparable mistaken identification that defendant was denied due process of law. Stovall v. Denno, supra.
Affirmed.
CROSS, J., and MacMILLAN, HUGH, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- United States v. Wade, 388 U.S. 218 (U.S. 1967)
- Stovall v. Denno, 388 U.S. 293 (U.S. 1967)
- Gilbert v. California, 388 U.S. 263 (U.S. 1967)