Neil v. Biggers
| Neil v. Biggers | |
|---|---|
| Argued October 18 and 19, 1972 Decided December 6, 1972 | |
| Full case name | William S. Neil, Warden v. Archie Nathaniel Biggers |
| Citations | 409 U.S. 188 (more) 93 S.Ct. 375 |
| Argument | Oral argument |
| Case history | |
| Prior | 448 F.2d 91 (6th Cir. 1971) |
| Questions presented | |
| Does an affirmance by an equally divided Court qualify as an "actual adjudication" barring subsequent consideration on habeas corpus? And, if not, did the identification procedure violate due process? | |
| Holding | |
| The Court's equally divided affirmance of Biggers' state court conviction does not, under 28 U.S.C. § 2244(c), bar further federal relief by habeas corpus, since such an affirmance merely ends the process of direct review, but settles no issue of law. While the station-house identification may have been suggestive, under the totality of the circumstances, the victim's identification of respondent was reliable and was properly allowed to go to the jury. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Powell, joined by Burger, White, Blackmun, Rehnquist |
| Concur/dissent | Brennan, joined by Douglas, Stewart |
| Marshall took no part in the consideration or decision of the case. | |
| Laws applied | |
| U.S. Const. amend. XIV | |
Neil v. Biggers, 409 U.S. 188 (1972), was a case decided by the Supreme Court of the United States in 1972. The case concerned the reliability of a police lineup.