The People of the Territory of Guam v. Jose Cruz Cruz

Defendant was convicted of uttering a forged check in violation of section 470 of the Penal Code of Guam. At trial, Austin J. Shelton, proprietor of the store where the check was passed, identified the defendant as the passer. On cross-examination, the defense elicited testimony from Mr. Shelton that he had also identified defendant at a police lineup conducted a few days after the crime was committed.

At the close of the prosecution’s case, the defendant moved to strike the in-court identification on the ground that the government had failed to establish that the lineup was conducted in accordance with the Sixth Amendment requirements set forth in Wade v. United States, 388 U.S. 218 , 87 S.Ct. 1926 , 18 L.Ed.2d 1149 (1967). The motion was renewed at the close of all the evidence. The district court denied the motion on both occasions, and, on the second, gave as reasons: first, that no violation of Wade was shown; second, that the motion came too late.

Defendant appears to concede that the present record fails to establish that the in-court identification was tainted fruit of an illegal lineup. He argues, rather, that the district court should have held a hearing on the Wade…