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Watkins Vs. Sowders
Cites for this judgment
- US Supreme Court
- Jan 13, 1981
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U.S. 341 (1981) U.S. Supreme Court Watkins v. SowdersSearch
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U.S. 341 (1980) Watkins v. SowdersSearch
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because it is likely to be unreliable and because of society's aversion to forced confessions, even if true, Jackson v. DennoSearch
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evidence was admissible. The Supreme Court of Kentucky rejected that argument. Relying on its decision in Ray v. CommonwealthSearch
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Watkins v. CommonwealthSearch
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evidence need not be held outside the presence of the jury. Turning to the evidence itself, the court cited Stovall v. DennoSearch
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Summitt v. BordenkircherSearch
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Summitt v. CommonwealthSearch
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claim asserted by both petitioners throughout their state and federal court proceedings. Sub nom. Watkins v. BordenkircherSearch
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and Summitt v. BordenkircherSearch
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holding that a defendant has a right to the presence of his counsel at a post-indictment lineup, e.g., United States v. WadeSearch
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in the absence of a lineup, may be so defective as to deprive a defendant of due process of law, e.g., Stovall v. DennoSearch
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U. S. 293 . The petitioners then analogize their cases to Jackson v. DennoSearch
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discretion to decide whether a confession was or was not voluntary. The petitioners contend that Jackson v. DennoSearch
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required where the propriety of identification procedures has been questioned. Even if it be assumed that Jackson v. DennoSearch
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the petitioners' argument must fail, Page 449 U. S. 347 because Jackson v. DennoSearch
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Id. at 378 U. S. 385 , quoting Blackburn v. AlabamaSearch
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instructions. It is the reliability of identification evidence that primarily determines its admissibility, Manson v. BrathwaiteSearch
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Kirby v. SturgesSearch
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often be to assess the reliability of that evidence. Thus the Page 449 U. S. 348 Court's opinion in Manson v. BrathwaiteSearch
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U.S. at 432 U. S. 114 , n. 14, quoting Clemons v. UnitedSearch
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if not always effective, both active and extended. Nonetheless, the petitioners rely on a passage from United States v. WadeSearch
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Together with No. 79-5951, Summitt v. SoudersSearch
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E.g., United States v. MitchellSearch
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United States v. CransonSearch
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Haskins v. UnitedSearch
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United States v. RancilioSearch
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Clemons v. UnitedSearch
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The Court of Appeals for the Fifth Circuit has left the matter to the discretion of the district courts. United States v. SmithSearch
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least two Federal Courts of Appeals have commended hearings outside the presence of the jury to state courts, Nassar v. VinzantSearch
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Phipps v. FolletteSearch
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outside the presence of a jury to decide the admissibility of identification evidence. United States ex rel. Fisher v. DriberSearch
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See Pinto v. PierceSearch
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on which Jackson v. DennoSearch
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before us is inadequate to conclude that in each case the identification evidence was properly admitted, see Jackson v. DennoSearch
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at 378 U. S. 376 -377, I would remand these cases for further proceedings. At least since United States v. WadeSearch
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Id. at 228 (footnote omitted). Manson v. BrathwaiteSearch
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The driving force behind United States v. WadeSearch
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U. S. 218 (1967), Gilbert v. CaliforniaSearch
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by suggestive confrontation procedures and lacking adequate indicia of reliability, Page 449 U. S. 352 Manson v. BrathwaiteSearch
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mandates that, when such evidence is inadmissible, the jury should know nothing about the evidence. See Manson v. BrathwaiteSearch
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safeguard in Jackson v. DennoSearch
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U.S. at 432 U. S. 116 , quoting Simmons v. UnitedSearch
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of a custodial confession determined, in the totality of the circumstances, to be involuntary, see United States v. WashingtonSearch
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