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.
222196P.pdf 05/09/2023 United States v. Javaar Watkins
U.S. Court of Appeals Case No: 22-2196
U.S. District Court for the District of North Dakota - Western
[PUBLISHED] [Benton, Author, with Colloton and Kelly, Circuit Judges]
Criminal case - Criminal law. The court need not decide whether the search
warrant was supported by probable cause as the district court correctly
found that even without probable cause, the Leon good faith exception
applied; defendant's challenge to an identification based on a photo array
rejected because even if the line up were impermissibly suggestive, the
identification was still sufficiently reliable to be admissible; on this
record, the district court did not err in denying defendant's request to
introduce expert testimony on eyewitness identification; the district
court did not abuse its discretion by denying defendant's request to sever
his case from that of his co-defendant; the district court adequately
instructed the jury on reasonable doubt, eyewitness testimony, and
out-of-court identification, and it did not abuse its discretion in
denying defendant's request for an instruction on eyewitness
identification.