[Download] "State West Virginia v. James A. Kennedy" by United States Court of Appeals for the Fourth Circuit ~ Book PDF Kindle ePub Free

June 15, 2021

eBook details

Title: State West Virginia v. James A. Kennedy
Author : United States Court of Appeals for the Fourth Circuit
Release Date : January 21, 1978
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 66 KB

Description

"In determining whether an out-of-court identification of a defendant is so tainted as to require suppression of an in-court identification a court must look to the totality of the circumstances and determine whether the identification was reliable, even though the confrontation procedure was suggestive, with due regard given to such factors as the opportunity of the witness to view the criminal at the time of the crime, the witness degree of attention, the accuracy of the witness prior description of the criminal, the level of certainty demonstrated by the witness at the confrontation, and the length of time between the crime and the confrontation." Syl. pt. 3, State v. Casdorph, W.Va. , 230 S.E.2d 476 (1976).