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U.S. v. Valenciano

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


June 12, 1991

UNITED STATES OF AMERICA
v.
ROBERTO VALENCIANO, APPELLANT

Appeal from the United States District Court for the District of New Jersey; (D.C. Criminal No. 89-00139-03); District Judge: Hon. Garrett E. Brown, Jr.

Sloviter, Chief Judge, Greenberg and Higginbotham, Circuit Judges.

JUDGMENT ORDER

After considering the contentions raised by appellant, to wit, that the court erred:

1. in failing to provide a suppression hearing out of the presence of the jury which resulted in a denial of appellant's right to fully litigate the suggestiveness of the in-court identification and denied the defendant a fair trial;

2. in failing to provide a suppression hearing out of the presence of the jury which resulted in a violation of appellant's right to due process, and

3. by not taking into account the chilling effect of the trial and its effect on effective cross-examination before a jury which was inadequate to test the reliability of the identification, it is

ADJUDGED AND ORDERED that the judgment of the district court be and is hereby AFFIRMED.

19910612

© 1998 VersusLaw Inc.



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