Legal Opinion

Nowell A. Brathwaite v. John R. Manson, Commissioner of Correction of the State of Connecticut

Court of Appeals for the Second Circuit

Decided May 3, 1976No. 235, Docket 75-2093PublishedCited by 50 opinions

1Opinion of the Court

FRIENDLY, Circuit Judge:

On this appeal from an order of the District Court for Connecticut denying a state prisoner’s petition for habeas corpus, we are confronted, as we recently were in United States v. Reid, 517 F.2d 953, 965-67 (2 Cir. 1975), with a defendant’s claim that his constitutional rights were compromised by the prosecution’s display of his photograph singly to a witness for identification. Although the facts are much less favorable to the prosecution than in Reid, the State claims to be entitled to prevail under the Supreme Court’s latest identification decision, Neil v.…

2Cases cited39 opinions

  1. Wong Sun v. United StatesSupreme Court of the United States · 1963
  2. Mapp v. OhioSupreme Court of the United States · 1961
  3. United States v. WadeSupreme Court of the United States · 1967
  4. Simmons v. United StatesSupreme Court of the United States · 1968
  5. Neil v. BiggersSupreme Court of the United States · 1972

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3Cited by50 opinions

  1. Manson v. BrathwaiteSupreme Court of the United States · 1977
  2. United States v. Michael Lee Matthews and Robert G. PraterCourt of Appeals for the Second Circuit · 1994
  3. Commonwealth v. BotelhoMassachusetts Supreme Judicial Court · 1976
  4. United States v. Franklin Evon Sebetich A/K/A Frank, Earl Dean, Jr., A/K/A Dooney, Michael John BuhoveckyCourt of Appeals for the Third Circuit · 1985
  5. United States v. Robert P. Marchand, Jr.Court of Appeals for the Second Circuit · 1978

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