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WATKINS v. SOWDERS

No. 79-5949.

449 U.S. 341 (1981)

WATKINS v. SOWDERS, WARDEN.

Supreme Court of United States.

Decided January 13, 1981.

Attorney(s) appearing for the Case

Frank W. Heft, Jr., argued the cause for petitioners in both cases. With him on the briefs was Daniel T. Goyette.

Victor Fox, Assistant Attorney General of Kentucky, argued the cause for respondent in both cases. With him on the brief were Steven L. Beshear, Attorney General, and Joseph R. Johnson and Penny R. Warren, Assistant Attorneys General.

JUSTICE STEWART delivered the opinion of the Court.

These cases, consolidated for argument and decision in the Court of Appeals and in this Court, present the question whether a state criminal trial court is constitutionally compelled to conduct a hearing outside the presence of the jury whenever a defendant contends that a witness' identification of him was arrived at improperly.

I

A

John Watkins, the petitioner in No. 79-5949, was convicted...

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