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NEIL v. BIGGERS

No. 71-586.

409 U.S. 188 (1972)

NEIL, WARDEN v. BIGGERS.

Supreme Court of United States.

Decided December 6, 1972.

Attorney(s) appearing for the Case

Bart C. Durham III, Assistant Attorney General of Tennessee, argued the cause for petitioner. With him on the brief was David M. Pack, Attorney General.

Michael Meltsner argued the cause for respondent. With him on the brief were Jack Greenberg, Anthony G. Amsterdam, Avon N. Williams, Jr., and Z. Alexander Looby.

Louis J. Lefkowitz, Attorney General of New York, pro se, Samuel A. Hirshowitz, First Assistant Attorney General, and Maria L. Marcus, Assistant Attorney General, filed a brief for the Attorney General of New York as amicus curiae urging reversal.

Shirley Fingerhood, Richard G. Green, Burt Neuborne, and Melvin L. Wulf filed a brief for the American Civil Liberties Union as amicus curiae urging affirmance.

MR. JUSTICE POWELL delivered the opinion of the Court.

In 1965, after a jury trial in a Tennessee court, respondent was convicted of rape and was sentenced to 20 years' imprisonment. The State's evidence consisted in part of testimony concerning a station-house identification of respondent by the victim. The Tennessee Supreme Court affirmed. Biggers v. State, 219 Tenn. 553, 411 S.W.2d 696 (1967). On certiorari, the...

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