(Download) "Guster v. Taylor" by United States Court Of Appeals For The Sixth Circuit # eBook PDF Kindle ePub Free
eBook details
- Title: Guster v. Taylor
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 25, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
Petitioner, an Ohio State prisoner, appeals from a judgment dismissing his petition for a writ of habeas corpus filed under 28 U.S.C. ร§ 2254 in which he attacked his jury conviction of attempted aggravated murder for which he was sentenced to serve seven to twenty-five years imprisonment. Petitioner claims that the trial court denied him due process of law when it refused to give to the jury the model instruction, or one substantially similar to it, on identification testimony adopted by the District of Columbia Circuit in United States v. Telfaire, 469 F.2d 552, 558-9 (1972). It is argued that the instruction, which highlights the accuracy, reliability and credibility of identification testimony, should have been given in this case because the prosecutions entire case rested upon the single eye-witness identification by the victim. The district court dismissed the petition concluding, as did the Supreme Court of Ohio, that the conditions of the identification clearly indicate its reliability and that, in any event, defense counsel squarely presented the issue of the reliability of the identification to the jury through-out the trial and in his opening and closing arguments.