CRIBBS v. STATE

No. 73-613.

297 So.2d 335 (1974)

Carl CRIBBS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 26, 1974.


Attorney(s) appearing for the Case

Britt Whitaker, Tampa, for appellant.

Robert L. Shevin, Atty. Gen., Tallahassee, and Charles Corces, Jr. and Richard C. Booth, Asst. Attys. Gen., Tampa, for appellee.


MANN, Chief Judge.

The trial court held that the line-up in which Cribbs participated was impermissibly suggestive and announced, "I am going to suppress the line-up but not the in-court identification." There is consequently a misunderstanding of United States v. Wade, 1967, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149. When a line-up was shown to have been improper, the in-court identification is presumed to be tainted by it until...

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