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PATTERSON v. UNITED STATES

Nos. 11525, 11560.

384 A.2d 663 (1978)

William PATTERSON, Appellant, v. UNITED STATES, Appellee. Jesse WITHERSPOON, Appellant, v. UNITED STATES, Appellee.

District of Columbia Court of Appeals.

Decided March 28, 1978.

Attorney(s) appearing for the Case

Francis D. Carter, Washington, D. C., for appellant in No. 11525.

William H. Dowdy, Washington, D. C., with whom Warren C. Nighswander and Silas J. Wasserstrom, Washington, D. C., were on brief, for appellant in No. 11560.

Cheryl M. Long, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty. and John A. Terry and Peter E. George, Asst. U. S. Attys., Washington, D. C., were on brief, for appellee.

Before KELLY, GALLAGHER, and FERREN, Associate Judges.

FERREN, Associate Judge:

Appellants claim that the trial court erred in failing to suppress their identifications by a robbery victim at pretrial lineups and at trial. They argue that a suggestive photographic display had preceded and tainted these identifications. Because we can perceive no possibility of the substantial risk of misidentification proscribed by the due process clause of the Fifth Amendment, we affirm.

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