Stovall v. Denno

Stovall v. Denno
Argued February 16, 1967
Decided June 12, 1967
Full case nameTheodore Stovall v. Wilfred Denno, Warden
Citations388 U.S. 293 (more)
87 S. Ct. 1967; 18 L. Ed. 2d 1199
Case history
PriorDefendant convicted; affirmed, New York Court of Appeals, 13 N.Y.2d 1094 (1963); habeas corpus petition denied, 355 F.2d 731 (2d Cir. 1966); cert granted, 384 U.S. 1000 (1966).
Holding
A pre-trial identification made in the absence of counsel but not violating the Sixth Amendment should be excluded if it is so unnecessarily suggestive as to violate due process.
Court membership
Chief Justice
Earl Warren
Associate Justices
Hugo Black · William O. Douglas
Tom C. Clark · John M. Harlan II
William J. Brennan Jr. · Potter Stewart
Byron White · Abe Fortas
Case opinions
MajorityBrennan, joined by Warren, Clark, Harlan, Stewart, White
ConcurrenceWhite, joined by Harlan, Stewart
DissentDouglas
DissentFortas
DissentBlack
Laws applied
U.S. Const. amend. VI, U.S. Const. amend. XIV

Stovall v. Denno, 388 U.S. 293 (1967), was a case decided by the Supreme Court of the United States that held that a pretrial identification not covered by the Sixth Amendment right to counsel should be excluded if it was so unnecessarily suggestive as to violate due process.