United States v. Charles Langford

802 F.2d 1176, 21 Fed. R. Serv. 1180, 1986 U.S. App. LEXIS 32441
CourtCourt of Appeals for the Ninth Circuit
DecidedOctober 21, 1986
Docket85-1217
StatusPublished
Cited by84 cases

This text of 802 F.2d 1176 (United States v. Charles Langford) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth 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. Charles Langford, 802 F.2d 1176, 21 Fed. R. Serv. 1180, 1986 U.S. App. LEXIS 32441 (9th Cir. 1986).

Opinions

FARRIS, Circuit Judge:

Charles Langford appeals his conviction of unarmed bank robbery (18 U.S.C. § 2113(a)). We have jurisdiction under 28 U.S.C. §§ 1291 and 1294. We affirm.

By indictment handed down February 6, 1985, Langford was charged with armed bank robbery (18 U.S.C. § 2113(d)). He was tried before a jury and convicted of the lesser included offense of unarmed bank robbery (18 U.S.C. § 2113(a)). On April 19, 1985, the district court granted Langford’s motion for a new trial and permitted his counsel to withdraw upon the latter’s representation that he had “conflicts” with Langford. The matter was set to be retried on May 13, 1985. On May 8, 1985, substitute counsel moved for a continuance to prepare for trial. The motion was heard and granted on May 13, 1985. The matter was reset for July 8, 1985. On June 7, 1985, Langford filed a discovery motion that was heard June 13, 1985. The time between the filing and disposition of these motions was excludable for Speedy Trial Act purposes. 18 U.S.C. § 3161(h)(1)(F). Thus, while the second trial commenced some 80 calendar days after the motion for new trial was granted, the 70-day time limit for retrial established under the Act, 18 U.S.C. § 3161(e), was not violated. Accordingly, we do not decide whether the trial court improperly granted original trial counsel leave to withdraw, thereby prejudicing Langford’s right to a speedy trial.

At trial Langford’s cousin, Jerry Lankford, and his parole officer, Richard Wood, testified that the person depicted in [1179]*1179bank surveillance photographs taken during the robbery was Langford. Such opinion testimony by lay witnesses is admissible under Fed.R.Evid. 701 if it is “limited to those opinions or inferences which are (a) rationally based on the perception of the witness and (b) helpful to a clear understanding of his testimony or the determination of a fact in issue.” United States v. Young Buffalo, 591 F.2d 506, 513 (9th Cir.), cert. denied, 441 U.S. 950, 99 S.Ct. 2178, 60 L.Ed.2d 1055 (1979); United States v. Butcher, 557 F.2d 666, 669-70 (9th Cir.1977). Such testimony is particularly valuable where, as in the present case, the lay witnesses are able to make the challenged identifications based on their familiarity with characteristics of the defendant not immediately observable by the jury at trial. See, e.g., United States v. Barrett, 703 F.2d 1076, 1086 (9th Cir.1983); United States v. Young Buffalo, 591 F.2d at 513. We conclude that, because Wood had met with Langford approximately 50 times and Lankford had known Langford most of his life, the opinions testified to by Lankford and Wood were rationally based and helpful to the .jury in determining a fact in issue. Fed.R.Evid. 701.

Langford suggests that opinion testimony on ultimate issues of fact is inadmissible. Opinion testimony on ultimate issues of fact is admissible unless the testimony concerns the mental state or condition of a defendant in a criminal case. Fed. R.Evid. 704. Because the testimony Lang-ford objects to was neither given by an expert nor concerned with Langford’s mental state or condition, Langford’s objection is untenable.

Langford additionally maintains that the trial court abused its discretion in balancing the probative value of the lay opinion testimony against its potential for prejudice. Rule 403 of the Federal Rules of Evidence provides that “[although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice ...” Fed.R. Evid. 403. We conclude that, given the familiarity both Lankford and Wood had with Langford, their testimony was sufficiently probative to outweigh the danger of unfair prejudice. The district court thus did not abuse its discretion in this respect.

Upon Langford’s ex parte application, the trial court appointed an expert in the field of eyewitness identification to assist in preparation of Langford’s defense. Such an appointment requires a finding that the services of the expert “are neces- ' sary for an adequate defense.” 18 U.S.C. § 3006A(e)(l). Nevertheless, at trial the court excluded the expert’s testimony concerning the unreliability of eyewitness identification:

I rather think in all of these situations it is a balancing question. The ruling of the court (excluding the proffered testimony) is in no way predicated upon the absence of qualifications of the witness who has been identified in his professional field of psychology. The ruling, including the use of his testimony as an expert, is that it goes beyond the field of expertise to which such testimony should be directed or can be directed, and is basically argumentative and intrusive upon the jury’s responsibility as triers of the facts of the case.

Even if the admission of expert testimony concerning eyewitness identification is proper under certain circumstances, “there is no federal authority for the proposition that such testimony must be admitted.” United States v. Moore, 786 F.2d 1308, 1312-13 (5th Cir.1986). We have repeatedly upheld the exclusion of such testimony. See United States v. Brewer, 783 F.2d 841, 842 (9th Cir.1986); United States v. Amaral, 488 F.2d 1148, 1153 (9th Cir.1973). It was within the broad discretion of the trial court to conclude that, on balance, the jury would not benefit from admission of the proffered evidence. See United States v. Solomon, 753 F.2d 1522, 1525 (9th Cir. 1985) (quoting United States v. Awkard, 597 F.2d 667, 669 (9th Cir.), cert. denied, 444 U.S. 885, 100 S.Ct. 179, 62 L.Ed.2d 116 and 444 U.S. 969, 100 S.Ct. 460, 62 L.Ed.2d 383 (1979) (“Expert testimony is admissible if the jury may receive ‘appreciable help’ [1180]*1180from it.”). See also Brown v. Darcy,

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Bluebook (online)
802 F.2d 1176, 21 Fed. R. Serv. 1180, 1986 U.S. App. LEXIS 32441, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-charles-langford-ca9-1986.