UNITED STATES V. LEWIS
565 F.2d 1248 (2nd Cir. 1977)
NATURE OF THE CASE: This was an appeal from a conviction for armed bank robbery and
conspiracy to commit an armed bank robbery.
FACTS: During trial, a Norma Sharpe was unable to identify D in the courtroom and
mistakenly picked out a Deputy U.S. Marshal instead. When she was then shown a photographic
display, she testified that she had previously identified one of the bank robbers from the
group of pictures. She then picked out the photo she had earlier chosen. It was D's picture
and it was admitted into evidence. An FBI agent then testified as to the way he prepared the
photographic spread. The agent also confirmed that Norma had selected D's picture shortly
after the bank robbery. D objected and was convicted and appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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