UNITED STATES v. AYENDES

Nos. 76-1214, 76-1215.

541 F.2d 601 (1976)

UNITED STATES of America, Plaintiff-Appellee, v. Louis Phillip AYENDES and James Frazier Noles, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided September 1, 1976.


Attorney(s) appearing for the Case

Donald N. Krosin, Cleveland, Ohio, for Ayendes.

Timothy J. Potts, Summers, Potts, Burke & Hildebrand, Cleveland, Ohio (Court-appointed CJA), for Noles.

Frederick M. Coleman, U.S. Atty., John P. Berena, Cleveland, Ohio, for plaintiff-appellee.

Before WEICK, LIVELY and ENGEL, Circuit Judges.


LIVELY, Circuit Judge.

On appeal from their convictions for armed bank robbery the appellants contend that photographic arrays shown to eyewitnesses were so unnecessarily and impermissibly suggestive as to require suppression of in-court identifications of the appellants by these witnesses. Each case involving the issue of pretrial photographic identification must be considered on its own facts.

A branch of the Second National Bank of Warren, Ohio was robbed...

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