Robbery, Gun Convictions Affirmed; Speedy Trial, Suppression, and In-Court ID Challenges Rejected

U.S. v. Thompson, -- F.3d --, 2008 WL 1932115 (10th Cir. 5/5/08) - affirmance of bank robbery and gun convictions. No speedy trial violation because, since there was no grand jury in session when the time to file the indictment would otherwise have expired, the period for filing the indictment was extended 30 days. No Fourth Amendment violation where landlady consented to search of bedroom Mr. Thompson rented because he did not have exclusive control over that bedroom. The door did not lock and other residents could freely enter. And no problem at all with the in-court identification procedure in which Mr. Thompson was required to wear sunglasses in front of the jury in order for the jury to compare his appearance with the perpetrator in videotapes. Even tho he was the only black man in the courtroom, that was not unconstitutionally suggestive. Shortly before trial, the district court told Mr. Thompson he could use an in-court line-up or show photos of other black men in similar apparel and he did not avail himself of these methods.