Does a dissenting opinion in a police lineup invalidate an identification of defendant in the police lineup?

California, United States of America


The following excerpt is from People v. Sullivan, 271 Cal.App.2d 531, 77 Cal.Rptr. 25 (Cal. App. 1969):

Defendant cites Justice Black's dissenting opinion in Stovall v. Denno, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199, in support of his claim that the court erred in overruling objection by trial counsel to evidence as to identification of defendant in the police lineup made on the ground defendant then did not have the benefit of counsel.

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