Henry Jackson, Appellant v. the State of Texas, Appellee

Summary

The Texas Court of Criminal Appeals held that the pre‑trial police show‑up identification of the defendant was unnecessarily suggestive but did not create a substantial likelihood of misidentification, and therefore did not violate the Fourteenth Amendment due‑process clause. Accordingly, the trial court’s denial of the motion to suppress the identification testimony was proper, and the in‑court identifications were admissible because the witnesses had an independent prior observation of the defendant. The court reversed the Court of Appeals’ reversal and remanded for consideration of the remaining issues.