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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]