The U.S. Court of Appeals for the Second Circuit has refused to hear en banc a 2012 decision affirming a grant of habeas corpus where the panel referenced scientific literature submitted by amicus curiae, The Innocence Project, on ways in which in-court identifications can be tainted by the facts of the crime, prior identification procedures and other factors.
The decision reflected disagreement at the circuit over the standards for federal habeas review of in-court identifications in state criminal cases and whether it is appropriate for judges to reference scientific literature on how identifications can be tainted.
