Supreme Court of the United States, 1979

Peary v. Connecticut

Peary v. Connecticut
Supreme Court of the United States · Decided May 21, 1979 · Marshall
441 U.S. 966; 99 S. Ct. 2417 (United States Reports)

Peary v. Connecticut

Dissenting Opinion

Mr. Justice Marshall,

dissenting.

Petitioner challenges the admission into evidence of a partially masked mug shot. In my view, displaying to the jury a mug shot of a criminal defendant creates the same potential for prejudice as forcing him to stand trial in prison attire. See Estelle v. Williams, 425 U. S. 501, 503-506 (1976). Particularly since the Connecticut Supreme Court conceded that the mug shot of petitioner was of “limited probative value,” its use at trial raises substantial questions under the Sixth and *967Fourteenth Amendments. Accordingly, I would grant cer-tiorari and set the case for argument.

Opinion of the Court

Sup. Ct. Conn. Certiorari denied.

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