DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
041028P.pdf 12/14/2004 United States v. Rodricho Martin
U.S. Court of Appeals Case No: 04-1028
Eastern District of Arkansas
Criminal case - criminal law. Photo spreads used in securing
defendant's identification were not impermissibly suggestive and did not
create a substantial likelihood of irreparable misidentification; district
court did not abuse its discretion in refusing to permit expert testimony
on eyewitness identification as the testimony would not have
substantially aided the jury in understanding or determining a fact in
issue; even if detective's statements about defendant's invocation of his
Miranda rights violated defendant's rights under Doyle v. Ohio, 426 U.S.
610(1976), the error was harmless; district court did not abuse its
discretion in prohibiting defendant's counsel from arguing during closing
that another participant in the crime avoided a mandatory life sentence by
testifying against him.
[PUBLISHED] [Gruender, Author, with Loken, Chief Judge, and
Beam, Circuit Judge]