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U.S. v. Plair

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


June 19, 1991

UNITED STATES OF AMERICA
v.
WADE PLAIR A/K/A WADE PLAIR, JR., APPELLANT

ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA; (D.C. Criminal No. 90-00155); District Judge: Hon. Barron P. McCune.

Nygaard and Alito, Circuit Judges and Fullam, District Judge.*fn*

JUDGMENT ORDER

After considering the contentions raised by appellant, to-wit:

1) Whether the district court erred when it refused to allow the testimony of a photographic expert for Plair;

2) Whether the district court committed plain error when it placed the burden of proof on Plair to prove beyond a reasonable doubt that there was a mistaken identification;

3) Whether the district court erred when it allowed witness Sally Shamber to see the photo spread at the suppression hearing and later identify Plair as the bank robber at trial over the objection of defense counsel due to the unreliable nature of her testimony; and

4) Whether the district court erred when it ruled that the defense had not made out a prima facie showing for challenging the government's peremptory challenge to the seating of a black juror; it is

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


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