context: If so, then the suggestiveness of the identification procedures must be balanced against factors indicating that the in-court identification was independently reliable." As the trial judge in this case recognized, the photographic spread containing a black and white photograph of the defendant and color photographs of four other subjects was "imper-missibly suggestive."
citation_a.signal: see also
citation_a.parenthetical: "It is clear that the procedure of using a display composed of three typical black and white mug shots, a single color picture of each of the defendants with no police information similar to that on the mug shots and a color group photo in which both of the defendants appeared was suggestive"
citation_a.sentence: See also United States v. Ayendes, 541 F.2d 601, 605 (6th Cir.1976), cert. denied, 429 U.S. 1063, 97 S.Ct. 789, 50 L.Ed.2d 779 (1977) (“It is clear that the procedure of using a display composed of three typical black and white mug shots, a single color picture of each of the defendants with no police information similar to that on the mug shots and a color group photo in which both of the defendants appeared was suggestive”); Styers v. Smith, 659 F.2d 293, 297 (2nd Cir.1981) (“The dramatic difference between the color shots and the black and white mug shots, combined with the officer’s implication that [the witness] was expected to choose a couple of photos, was highly suggestive”).
citation_b.signal: no signal
citation_b.parenthetical: photographic line-up composed of a color photograph of the defendant and black and white photographs of eleven other subjects held "impermissi-bly suggestive"
citation_b.sentence: O’Brien v. Wainwright, 738 F.2d 1139, 1140-41 (11th Cir.1984), cert. denied, 469 U.S. 1162, 105 S.Ct. 918, 83 L.Ed.2d 931 (1985) (photographic line-up composed of a color photograph of the defendant and black and white photographs of five other subjects held “irreparably suggestive”); Passman v. Blackburn, 652 F.2d 559, 570 (5th Cir.1981), cert. denied, 455 U.S. 1022, 102 S.Ct. 1722, 72 L.Ed.2d 141 (1982) (photographic line-up composed of a color photograph of the defendant and black and white photographs of eleven other subjects held “impermissi-bly suggestive”).