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eBook details

• Title: Marshall v. Rose
• Author : United States Court Of Appeals For The Sixth Circuit
• Release Date : January 25, 1974
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 55 KB

Description

This appeal from the denial of a petition for a writ of habeas corpus, 28 U.S.C. § 2241, requires us to determine whether a state trial court committed prejudicial constitutional error when it admitted a robbery victims in-court identification of appellants without first finding that this identification had not been irreparably tainted by an unconstitutional showup conducted in the absence of appellants counsel. The district court held that admission of this evidence violated the Constitution, but found the error harmless. We hold that the district court erred and reverse.

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