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Neil v. Biggers

United States Supreme Court

409 U.S. 188 (1972)

Relevant factsFree

A rape victim identified Biggers (defendant) as her attacker at a police showup — a one-on-one confrontation, rather than a lineup — after several earlier photo lineups produced no identification. The victim had viewed her attacker in her bedroom light and later moonlight and gave a detailed description of his age, size, skin, and voice before the showup. Biggers was convicted; a federal habeas court and the court of appeals held the suggestive showup procedure violated due process and overturned the conviction, and the U.S. Supreme Court granted certiorari.

IssueFree

Whether the admission of eyewitness identification evidence obtained through a suggestive showup procedure violates the Due Process Clause.

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