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Neil Vs. Biggers
Cites for this judgment
- US Supreme Court
- Dec 06, 1972
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U.S. 188 (1972) U.S. Supreme Court Neil v. BiggersSearch
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U.S. 188 (1972) Neil v. BiggersSearch
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concerning a station-house identification of respondent by the victim. The Tennessee Supreme Court affirmed. Biggers v. StateSearch
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On certiorari, the judgment of the Tennessee Supreme Court was affirmed by an equally divided Court. Biggers v. TennesseeSearch
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Thereafter, decisions of this Court established not only that res judicata was inapplicable, e.g., Salinger v. LoiselSearch
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application raising grounds rejected in a previous application might be denied without reaching the merits. Salinger v. LoiselSearch
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Etting v. BankSearch
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Durant v. EssexSearch
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Nor is an affirmance by an equally divided Court entitled to precedential weight. Ohio ex rel. Eaton v. PriceSearch
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process protection against the admission of evidence deriving from suggestive identification procedures. In Stovall v. DennoSearch
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Simmons v. UnitedSearch
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The only case to date in which this Court has found identification procedures to be violative of due process is Foster v. CaliforniaSearch
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under the circumstances. Id. at 394 U. S. 443 . In the most recent case of Coleman v. AlabamaSearch
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the assumption that, in every instance, the admission of evidence of such a confrontation offends due process. Clemons v. UnitedSearch
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Gilbert v. CaliforniaSearch
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Such a rule would have no place in the present case, since both the confrontation and the trial preceded Stovall v. DennoSearch
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aided, and are confirmed in this view, by the thoughtful opinion of Judge Mansfield in United States ex rel. Radich v. CriminalSearch
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Ct. of City of New York, 459 F.2d 745 (CA2 1972), pet. for cert. pending sub nom. Ross v. RadichSearch
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urged upon us, eight of them involved civil litigation in the federal system. Only one of the cases cited, Boulden v. HolmanSearch
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See Clemons v. UnitedSearch
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Phipps v. FolletteSearch
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not to reverse findings of fact concurred in by two lower courts unless shown to be clearly erroneous. See, e.g., Blau v. LehmanSearch
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United States v. CommercialSearch
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United States v. ChemicalSearch
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Boulden v. HolmanSearch
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Comstock v. GroupSearch
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U.S. Supreme Court Neil v. BiggersSearch
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Biggers v. StateSearch
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Court. Biggers v. TennesseeSearch
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Eaton v. PriceSearch
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In Stovall v. DennoSearch
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Foster v. CaliforniaSearch
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of Coleman v. AlabamaSearch
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Clemons v. UnitedSearch
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Radich v. CriminalSearch
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Ross v. RadichSearch
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Phipps v. FolletteSearch
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United States v. DickinsonSearch
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Salinger v. LoiselSearch
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Gilbert v. CaliforniaSearch
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