U.S. v. White

Federal 7th Circuit Court
Criminal Court
Evidence
Citation
Case Number: 
No. 10-1764
Decision Date: 
April 6, 2011
Federal District: 
N.D. Ill., W. Div.
Holding: 
Affirmed
In prosecution on bank robbery charge, Dist. Ct. did not err in admitting testimony from defendant's sister and ex-girlfriend indicating that defendant was individual shown in still photograph generated from bank's video of bank robbery. While defendant argued that said testimony should have been excluded as impermissible lay opinion evidence, said evidence was admissible where witnesses had sufficient foundation for making said identification, and where witnesses' testimony assisted jury in determining identity of culprit and debunking defendant's claim that his uncle was real perpetrator. Dist. Ct. also did not err in admitting handwritten demand note found in defendant's car even though govt. did not argue that said note was actual note used in bank robbery since note's admission was solely for purpose of establishing that it was recovered from defendant's car.