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To: SirJohnBarleycorn

Have you read the ID session transcript? A detective on it says they are running it this way at the direction of Mr. Nifong.


360 posted on 01/14/2007 7:11:22 PM PST by JLS
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To: JLS

I don't think I've read a transcript of it. Do you know where it can be found?


371 posted on 01/14/2007 7:19:35 PM PST by Ohioan from Florida (The only thing necessary for the triumph of evil is for good men to do nothing.- Edmund Burke)
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To: JLS

I didn't read the transcript, but yes I did gather that the decision to depart from the NC photo line-up guidelines was made by Nifong.

Nevertheless, I don't believe that a failure to conform to state guidelines, if that failure does NOT rise to the level of a U.S. federal constitutional violation, would give much added weight to a federal civil rights claim for damages against Durham.

If the photo identification IS found to be a violation of the US Constitution, then yes that would of course greatly help the defendants in succeeding on a claim for damages for violation of federal civil rights.

And of course a failure to conform to the state guidelines may in and of itself be sufficient for a North Carolina court to exclude the photo identification, and a court could then easily further conclude that an in-court identification would also have to be suppressed, in which event the case would almost certainly have to be thrown out on that basis, but I don't know the answer as to whether a North Carolina court has the power to exclude a photo ID solely on the basis that it did not conform to the state guidelines.


376 posted on 01/14/2007 7:22:20 PM PST by SirJohnBarleycorn
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