Case Name: U.S. ex rel. Cannon v. Smith
Case Citation: 388 F. Supp. 1201 (W.D.N.Y. 1975)
Procedural History: State prisoner filed pro se application for writ of habeas corpus to secure his release from imprisonment for rape. The U.S. District Court for the Western Division of New York denied his request and he appealed. The U.S. Court of Appeals, Second Circuit remanded.
Statement of Facts: The prisoner was made to wear a green shirt in a lineup because it was important to the case. No other participant in the lineup was wearing a green shirt. Victim did not see the assailant’s face but knew he wore a green shirt.
Issues: Was the fact that the prisoner was the only one who was made to wear a green shirt make the lineup impermissibly suggestive?
Answers: Yes, the prisoner was the only one wearing a green shirt and that was the only way the victim had to identify her assailant.
Reasoning: It actually came out in testimony that another participant in the lineup was wearing a green shirt but the other green shirt was not similar to the one the defendant was wearing. The original trial was six year before and the State only called one witness who was not convincing in his testimony. No other witnesses were called by
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Defendant was pick up nearby within a short period of time after the incident. Defendant is a black male, 33 years old, 5 feet, 8 inches tall, and was wearing shorts and carrying a red and blue striped shirt. The victim was driven to the location to see the defendant, who was standing with police officers, still shirtless, with his hands cuffed behind his back. Victim hesitated in identifying the defendant until one of the police officers held the striped shirt over the defendant’s chest, at which time she identified him as her