United States v. Henry Albert Smith, United States of America v. Roderick Ashley Smith

concurring specially:

The two Smiths, who are not brothers, were convicted for armed robbery and sentenced to 25 years in prison based, almost entirely, on the identification testimony of one eyewitness, Patricia Campbell. The only controverted issue at trial was the identification of the perpetrators of the robbery. The eyewitness identification was not corroborated by any physical evidence: There were no fingerprints, no surveillance camera photographs, no traceable cash or money orders, and no items of apparel worn by the robbers which were offered in evidence.

Throughout the trial, the robber who pointed a hand gun and shouted “Don’t anybody move,” was referred to as “robber number one.” His companion, who vaulted the service counter and picked up the cash, wore a mask that covered the bottom half of his face. The companion was called “robber number two” during the trial. Ms. Campbell identified Roderick Smith as robber number one, and she identified the masked robber number two as Henry Smith.

Immediately after the robbery, Ms. Campbell described robber number one to a police officer as a black Negro male in his late twenties, five foot eight to five foot ten, broad…

Appellants were convicted of robbing an Oakland California Post Office on December 15, 1976. 18 U.S.C. § 2114 . Roderick Smith complains that there was insufficient evidence to justify his conviction, and that an expert in the field of psychology should have been permitted to testify as to certain scientific principles of perception and memory, as they pertain to eyewitness identification. Henry Smith joins in urging these two issues, and in addition, contends that his trial should have been severed from his co-defendant.

On the date of the offense, a robber pointing a handgun appeared in the lobby of the Post Office and shouted, “Don’t anybody move.” A companion, wearing a mask that was described by one witness as a scarf covering the bottom half of his face, vaulted the service counter and picked up an envelope containing the day’s cash receipts. Both robbers then exited the building.

Postal employee, Patrifeia Campbell, described the gun-wielding robber to investigators as stocky, but not fat, a dark-skinned Negro in his late 20s, about 5'8" to 5'10" tall, having broad shoulders, medium, natural hair style, clean-shaven, and wearing a cap. She said he wore dark clothes, and…

563 F.2d 1361 UNITED STATES of America, Plaintiff-Appellee, v. Henry Albert SMITH, Defendant-Appellant. UNITED STATES of America, v. Roderick Ashley SMITH, Defendant-Appellant. Nos. 77-2000 and 77-2052. United States Court of Appeals, Ninth Circuit. Nov. 3, 1977. Harry L. Hellerstein, Asst. Federal Public Defender, San Francisco, Cal., Leonard D. Weiler, of Weiler & Shapiro, Oakland, Cal., argued for defendants-appellants. James L. Browning, Jr., U. S. Atty., San Francisco, Cal., for plaintiff-appellee. Appeal from the United States for the Northern District of California. Before DUNIWAY and HUFSTEDLER, Circuit Judges, and WILLIAMS, D., District Judge. * DAVID W. WILLIAMS, District Judge. Appellants were convicted of robbing an Oakland California Post Office on December 15, 1976. 18 U.S.C. § 2114 . Roderick Smith complains that there was insufficient evidence to justify his conviction, and that an expert in the field of psychology should have been permitted to testify as to certain scientific principles of perception and memory, as they pertain to eyewitness identification. Henry Smith joins in urging these two issues, and in addition, contends that his trial should have…