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United States v. Stokes

United States Court of Appeals for the Sixth Circuit

631 F.3d 802 (2011)

Relevant factsFree

Terence Stokes (defendant) was tried, two years after the fact, for three bank robberies, two at the same Trust One Bank branch, where the robber wore a mask or sunglasses each time. An accomplice identified Stokes to police. Teller Sarah Britt, present at both Trust One robberies, testified she glimpsed the masked robber's face during the second robbery, though she had earlier picked a different man's photo from a lineup that hadn't included Stokes. At trial — two years later, and with Stokes the only person in the courtroom who resembled the general description — Britt said she recognized Stokes as the second robber from his appearance and, based on hearing him speak in court, from his voice during both robberies. She also testified the same methods were used in each robbery. The jury convicted Stokes of both Trust One robberies, and he appealed, challenging the sufficiency of the identification evidence.

IssueFree

Whether the identification element of a crime can be satisfied by witness testimony despite the perpetrator's efforts to conceal his identity during the crime.

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