UNITED STATES EX REL. FISHER v. DRIBER

No. 76-1264.

546 F.2d 18 (1976)

UNITED STATES of America ex rel. Lee Royal FISHER # 46690, Appellant, v. Thomas DRIBER, Acting Principal Keeper, Trenton State Prison.

United States Court of Appeals, Third Circuit.

Decided December 13, 1976.


Attorney(s) appearing for the Case

Steven H. Gifis, Princeton, N.J., for appellant; Martin C. Aronchick, Henry G. Klein, law students, Newark, N.J., on brief.

Joseph C. Woodcock, Jr., Bergen County Prosecutor, Hackensack, N.J., for appellee; James Mayer, Asst. Prosecutor, of counsel and on brief.

Before ALDISERT and GIBBONS, Circuit Judges, and McGLYNN, District Judge.


OPINION OF THE COURT

ALDISERT, Circuit Judge.

The central question for decision is whether one who makes a timely and nonfrivolous motion to suppress in-court identification testimony at a state criminal trial on the ground that it has been tainted by improper pre-trial identification procedures is entitled to have the motion heard and determined by the trial court outside the presence of the jury. After considering a habeas corpus petition which was based...

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