| 翻訳と辞書 |
| Stovall v. Denno ： ウィキペディア英語版 |
Stovall v. Denno
''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.〔R.A Allen, J.L. Hoffman, D.A. Livingston & W.J. Stuntz. ''Comprehensive Criminal Procedure, Second Edition.'' Aspen Publishers, New York: 2005, p. 257-58〕
==Factual background==
Dr. Paul Behrendt was stabbed to death on August 23, 1961. Dr. Behrendt's wife was injured in the attack. A shirt and keys left at the scene led to Theodore Stovall's arrest on August 24, 1961. After Mrs. Behrendt underwent surgery, Stovall was brought to her hospital room on the afternoon of August 25, 1961. Stovall had not yet been appointed counsel. Mrs. Behrendt identified Stovall as her attacker. Stovall was convicted and sentenced to death.〔''Stovall v. Denno'', 388 U.S. 293, 294-95 (1967)〕 The New York Court of Appeals affirmed Stovall's conviction.〔''People v. Stovall'', 13 N.Y.2d 1094 (1963)〕
Stovall filed a petition of habeas corpus, alleging that his Fifth, Sixth, and Fourteenth Amendment rights were violated. The Southern District of New York dismissed his petition, and Stovall appealed to the Second Circuit. A three judge panel reversed Stovall's conviction on the basis that Mrs. Behrendt's identification was made in violation of Stovall's Sixth Amendment right to counsel. The Second Circuit reheard the case en banc and affirmed the district court's dismissal of Stovall's petition.〔''U. S. ex rel. Stovall v. Denno'', 355 F.2d 731 (N.Y. 1966)〕 The Supreme Court granted certiorari.〔''Stovall v. Denno'', 384 U.S. 1000 (1966)〕
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Stovall v. Denno」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|