Introduction
The name of the case is Neil, Warden v. Biggers and was decided on 1972
Rule
The role of law identified in the case is a habeas corpus proceeding that is brought on behalf of an individual in custody to the judgement of a state court. The judgement, a prior of the U.S. Supreme Court, on a certiorari appeal or writ certiorari in the case a prisoner of decision of a state court shall conclude every issue of the law or fact (Neil v. Biggers, n.d.). That is, relative to an asserted Federal right denial that constitutes ground for discharge in habeas corpus proceeding, actually adjudicated by the Supreme Court therein.
Fact
Bart C. Durham III, a Tennessee assistant Attorney General, argued for the petitioner and Michael Meltsner argued for the respondent. The court granted certiorari in the case to determine whether its affirmance by an equally divided court of respondent’s state conviction constituted a real adjudication. Therefore, based on 28 U.S.C § 2244 meaning, the same issues were subsequently considered on habeas corpus.
Issue
Was the use of show-up technique, as evidence to convict the respondent, justified in the rule the court held?
Answer
Yes
Conclusion
In an 5-3 decision, the final outcome of the case was No. Justice Lewis F. Powell wrote the opinion of the majority reversing and remanding. The entire court joined in first opinion part holding that affirming an actual adjudication of the issue by an equally divided court was not constituted (Neil v. Biggers, n.d.). The habeas corpus proceeding could continue; however, only five justices joined in the second part arguing that showing up procedure was suggestive. Given the totality of the situation, no substantial misidentification likelihood existed. In Justice William J. Brennan’s dissent, the show up process broke from the long-established practice of affirming fact finding concurred in by two lower courts (Neil v. Biggers, n.d.). Justices Potter Stewart and Willian O. Douglas joined in the dissent, and Justice Thurgood Marshall declined to participate.
Reference
Neil v. Biggers., & 427, U. S. (n.d.). Neil v. Biggers (1972). Web.