People v. Curtis

Michigan Court of Appeals

People v. Curtis

192 N.W.2d 10, 34 Mich. App. 616, 1971 Mich. App. LEXIS 1651

CourtMichigan Court of Appeals

DecidedJune 25, 1971

DocketDocket 9008

StatusPublished

Cited by10 cases

This text of 192 N.W.2d 10 (People v. Curtis) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Curtis, 192 N.W.2d 10, 34 Mich. App. 616, 1971 Mich. App. LEXIS 1651 (Mich. Ct. App. 1971).

Pincite

Opinion

*617 Per Curiam.

The defendant and two codefendants were convicted after a jury trial of robbery armed. MCLA § 750.529 (Stat Ann 1971 Cum Supp § 28.797). A lineup was held on October 4, 1968, the day after the robbery occurred. The lineup contained the three codefendants and four other men. All were Negroes. An attorney was present representing the rights of the codefendants. There was no request in the trial court for an evidentiary hearing on the fairness of the lineup.

On appeal the question is whether considering the totality of the circumstances was the showup in which the defendant was identified unduly suggestive and in violation of his constitutional right to due process of law.

When counsel is present at a showup the burden is on the defendant to allege and factually support a claim that the confrontation was unnecessarily suggestive. See People v. Young (1970), 21 Mich App 684. The defendant has not carried that burden.

Additionally, there was overwhelming evidence of the defendant’s guilt apart from the identifications at the lineup. People v. Childers (1969), 20 Mich App 639. The question sought to be reviewed is so unsubstantial as to require no argument or formal submission.

Motion to aflirm is granted.

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