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Stovall Vs. Denno
Cites for this judgment
- US Supreme Court
- Jun 12, 1967
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U.S. 293 (1967) U.S. Supreme Court Stovall v. DennoSearch
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U.S. 293 (1967) Stovall v. DennoSearch
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The constitutional rule established in today's decisions in United States v. WadeSearch
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and Gilbert v. CaliforniaSearch
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confrontations for identification purposes conducted in the absence of counsel after this date. Cf. Linkletter v. WalkerSearch
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Johnson v. NewSearch
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tainted identification evidence that were before us on direct review of the convictions involved in United States v. WadeSearch
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ante, p. 388 U. S. 218 , and Gilbert v. CaliforniaSearch
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to identifying witnesses before trial in the absence of his counsel -- are to be applied retroactively. See Linkletter v. WalkerSearch
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involved in this case, petitioner was denied due process of law in violation of the Fourteenth Amendment. Cf. Davis v. NorthSearch
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constitutional rules of criminal procedure make unnecessary any detailed treatment of that question here. Linkletter v. WalkerSearch
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where denial of the right must almost invariably deny a fair trial, for example, at the trial itself, Gideon v. WainwrightSearch
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Brief any citation in this list with AI Studio
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U. S. 335 , or at some forms of arraignment, Hamilton v. AlabamaSearch
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U. S. 52 , or on appeal, Douglas v. CaliforniaSearch
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criminal procedure fashioned to correct serious flaws in the factfinding process at trial. See, for example, Jackson v. DennoSearch
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case, that the confrontation resulted in such unfairness that it infringed his right to due process of law. See Palmer v. PeytonSearch
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Jersey, supra, at 384 U. S. 731 . In Tehan v. ShottSearch
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supra, we thought it persuasive against retroactive application of the no-comment rule of Griffin v. CaliforniaSearch
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of law. This is a recognized ground of attack upon a conviction independent of any right to counsel claim. Palmer v. PeytonSearch
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in the setting of this case Page 388 U. S. 303 should be given retroactive effect as it was in Gideon v. WainwrightSearch
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U. S. 335 , and in Douglas v. CaliforniaSearch
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U. S. 353 . And see Linkletter v. WalkerSearch
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the issue of retroactivity and petitioner, in his reply brief, addressed himself to this question. Compare Mapp v. OhioSearch
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MR. JUSTICE HARLAN and MR. JUSTICE STEWART join. For the reasons stated in my separate opinion in United States v. WadeSearch
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which limits application of the new Sixth Amendment rule. MR. JUSTICE BLACK, dissenting. In United States v. WadeSearch
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by which the Constitution's provisions shall become effective. For reasons stated in my dissent in Linkletter v. WalkerSearch
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they comport with the Constitution, and, if not, declares they are forbidden by the Constitution. See, e.g., Rochin v. CaliforniaSearch
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and remand for consideration of whether the out-of-court lineup identification of petitioner was, under Chapman v. CaliforniaSearch
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U.S. Supreme Court Stovall v. DennoSearch
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Cf. Linkletter v. WalkerSearch
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See Linkletter v. WalkerSearch
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of the Fourteenth Amendment. Cf. Davis v. NorthSearch
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Linkletter v. WalkerSearch
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Gideon v. WainwrightSearch
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Douglas v. CaliforniaSearch
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Jackson v. DennoSearch
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See Palmer v. PeytonSearch
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In Tehan v. ShottSearch
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of Griffin v. CaliforniaSearch
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Palmer v. PeytonSearch
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Compare Mapp v. OhioSearch
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In United States v. WadeSearch
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Rochin v. CaliforniaSearch
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Hamilton v. AlabamaSearch
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Chapman v. CaliforniaSearch
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