Stovall v. Denno

388 U.S. 293 (1967)

Facts

A Dr. and his wife were attacked in their own home. The Dr. was stabbed to death in the kitchen of his home. The Dr.'s wife, also a Dr. followed her husband into the kitchen and jumped at the assailant. Stovall (D) knocked her to the floor and stabbed her 11 times. The police found a shirt on the kitchen floor and keys in a pocket, which they traced to D. D, was arrested and an arraignment was immediately held but was postponed until D could retain counsel. The wife was hospitalized for major surgery to save her life. D got counsel, and the police immediately brought D to the hospital to have the wife identify him. She did by visual and voice. At trial, she identified D again. D got the death penalty. Various lower appeals were taken with a reversal and then an affirmation of the trial judge's ruling regarding the admissibility of the hospital identification; D was the only black man present. The issue before the Court was whether due process had been violated.