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United States v. Archibald

756 F.2d 223, 1984 U.S. App. LEXIS 22416
CourtCourt of Appeals for the Second Circuit
DecidedMay 16, 1984
DocketCalendar No. 863, Docket 83-1356
StatusPublished
Cited by41 cases

This text of 756 F.2d 223 (United States v. Archibald) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Archibald, 756 F.2d 223, 1984 U.S. App. LEXIS 22416 (2d Cir. 1984).

Opinion

Before IRVING R. KAUFMAN, OAKES and WINTER, Circuit Judges.

Order On Petition For Rehearing

We wish to make it clear in respect to that portion of our opinion relating to in-court procedures for identification that special procedures are necessary only where (1) identification is a contested issue; (2) the defendant has moved in a timely manner prior to trial for a lineup; and (3) despite that defense request, the witness has not had an opportunity to view a fair out-of-court lineup prior to his trial testimony or ruling on the fairness of the out-of-court lineup has been reserved. Subject to this modification of the opinion, 734 F.2d 938, the petition for rehearing is denied.

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Bluebook (online)
756 F.2d 223, 1984 U.S. App. LEXIS 22416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-archibald-ca2-1984.