Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

UNITED STATES EX REL. RIVERA v. SHERIFF OF COOK CO

February 17, 1998

UNITED STATES OF AMERICA ex rel. EDWARDO RIVERA, Petitioner,
v.
SHERIFF OF COOK COUNTY, Respondent.



The opinion of the court was delivered by: GRADY

REVISED MEMORANDUM OPINION

 Before the court is Edwardo Rivera's petition for a writ

 of habeas corpus based on the Double Jeopardy Clause. For the reasons explained below, the petition is granted.

 BACKGROUND

 On March 30, 1993, Weydowing LaPorte, Jacqueline Vicario and Samuel Ponte were driving home from a movie around midnight when a car pulled up behind them and shone bright lights into their car. The second car then pulled alongside them, and a man with a mustache and goatee fired gun shots into their car, killing LaPorte. One month later, petitioner was arrested and charged with the crime. Petitioner was tried before a judge rather than a jury. The main evidence presented against him was the testimony of Jacqueline Vicario.

 At trial, petitioner's attorney elicited testimony from Vicario that indicated the bright light adversely affected her vision during the crime. About 35 days after the crime, Vicario viewed a photographic spread and, that evening, she was shown a line-up. Tr., 38-39. Her testimony also implied that the line-up procedures were suggestive. For example, Vicario identified petitioner out of a line-up in which he was the sole person with a mustache and goatee.

 
Q: And in fact none of the other men in the line up had a goatee, did they?
 
A: No they didn't.
 
Q: Huh?
 
A: No they didn't.
 
Q: So you were only shown one picture of one man in a line up who had a goatee, correct?
 
A: Yes.

 Transcript of the Proceedings, Oct. 5, 1994 (Tr.), 39. Vicario also stated that she only picked petitioner out of the line-up after having seen his photograph and having been told that that very person would be in the line-up.

 
Q: [The police officer] told you that the person whose picture you picked out you were going to see in the line up?
 
A: Yes.
 
Q: And he told you that your job at the line up was to see if the person whose picture you were on was in fact in the line up?
 
A: Yes.
 
Q: And so you went to the line up and you said to the police officer, 'the man whose picture I picked out I now see ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.