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MANSON v. BRATHWAITE

No. 75-871.

432 U.S. 98 (1977)

97 S.Ct. 2243

53 L.Ed.2d 140

MANSON, CORRECTION COMMISSIONER v. BRATHWAITE.

Supreme Court of United States.

Decided June 16, 1977.

Attorney(s) appearing for the Case

Bernard D. Gaffney argued the cause for petitioner. With him on the brief was George D. Stoughton.

David S. Golub argued the cause for respondent. With him on the brief were Frederick H. Weisberg, Richard A. Silver, and Jay H. Sandak.

MR. JUSTICE BLACKMUN delivered the opinion of the Court.

This case presents the issue as to whether the Due Process Clause of the Fourteenth Amendment compels the exclusion, in a state criminal trial, apart from any consideration of reliability, of pretrial identification evidence obtained by a police procedure that was both suggestive and unnecessary. This Court's decisions in Stovall v. Denno, 388 U.S. 293 (1967), and...

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