[Download] "State v. James Donald Richmond" by Supreme Court of Minnesota # Book PDF Kindle ePub Free
eBook details
- Title: State v. James Donald Richmond
- Author : Supreme Court of Minnesota
- Release Date : January 01, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Defendant, found guilty by a district court jury of aggravated robbery, Minn. St. 609.245, and sentenced to a maximum term of 20 years' imprisonment, appeals from judgment of conviction. We affirm. Defendant's first contention is that the trial court erred in refusing to suppress the victim's identification testimony because defense counsel, although present at the preindictment lineup, was not present in an adjoining room when the victim made his identification known to the police. We believe it is significant that counsel did not request permission to be present in the adjoining room. Beyond this, the Supreme Court in Kirby v. Illinois, 406 U.S. 682, 92 S. Ct. 1877, 32 L. ed. 2d 411 (1972), held that the right of counsel does not arise at the preindictment lineup stage; so that, at least under the United States Constitution, defendant had no right to have counsel present even at the lineup. And, in any event, there was no evidence that the victim's identification was the product of any improper influence by the police; rather, it appears that the victim identified defendant on the basis of a good view he got of defendant at the time of the crime.