Legal Opinion · Concurring in part, dissenting in part

Perryman v. State

Court of Criminal Appeals of Texas

Decided September 16, 1971No. 43681Published

1Concurring in part, dissenting in partOnion, Presiding Judge

This case involves a search for the natural boundaries of the decisions in United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149, and Gilbert v. California, 388 U.S. 263, 87 S.Ct. 1951, 18 L. Ed.2d 1178, which delineated the basic principle that a lineup is a critical stage of a criminal prosecution, and a denial of the right of counsel at a lineup renders the identification made at that time inadmissible.1

The question as here presented, as I view it, is whether the scope of these decisions is broad enough to encompass an on or near the scene or police station confrontation…

2Cases cited72 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Johnson v. ZerbstSupreme Court of the United States · 1938
  3. Glasser v. United StatesSupreme Court of the United States · 1942
  4. United States v. WadeSupreme Court of the United States · 1967
  5. Simmons v. United StatesSupreme Court of the United States · 1968

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