Garner v. People

¶70 In Neil v. Biggers , the Supreme Court explained that when a procedure used to elicit eyewitness identification of a criminal defendant is "so unnecessarily suggestive and condu[cive] to irreparable mistaken identification that [the defendant] was denied due process of law" that procedure must be screened to ensure the reliability of the identification. 409 U.S. 188, 196, 93 S.Ct. 375, 34 L.Ed.2d 401 (1972) (quoting Stovall v. Denno , 388 U.S. 293, 302, 87 S.Ct. 1967, 18 L.Ed.2d 1199 (1967) ). In Perry v. New Hampshire , the Court made clear that the requirement for this due process check…