Young v. Conway
2012 U.S. App. LEXIS 21502
| 2d Cir. | 2012Background
- Young was convicted in August 1993 of burglary and two robberies based largely on an in-court identification tied to a tainted lineup following an unlawful arrest.
- A photographic array prior to the lineup failed to identify Young; at the lineup he was the only participant whose photo appeared in the array.
- Appellate courts upheld the convictions; a later independent-source hearing (1999) sought to establish an in-court identification independent of the tainted lineup.
- The district court granted habeas relief, vacating the convictions and barring retrial due to the in-court identification arising from the illegal arrest.
- The state courts’ conclusion that the identification had an independent source was deemed an unreasonable application of Wade and Crews; the in-court identification was found to have substantially influenced the jury.
- The court held that, while Stone v. Powell limits habeas relief for Fourth Amendment claims, Stone is waivable and declined to apply it to bar review; the conviction-vacating relief was affirmed but the retrial bar was vacated.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the in-court identification had an independent source | Young argues identification lacked independent source. | State contends independent-source factors support independence. | Independent-source finding unreasonable; identification tainted. |
| Whether Stone bars habeas review of the Fourth Amendment claim | State argues Stone bars review due to full and fair litigation. | State waived Stone, so review allowed. | Stone non-jurisdictional and waivable; not a bar here. |
| Prejudicial effect of the identification on the verdict | Young claims admission of identification had substantial influence on verdict. | State contends evidence was not outcome-determinative. | Admission had substantial and injurious influence; convictions vacated. |
Key Cases Cited
- United States v. Wade, 387 U.S. 218 (1967) (set forth Wade factors for independent source inquiry in pretrial identifications)
- Crews v. United States, 445 U.S. 463 (1980) (independent-source analysis applies to tainted identifications)
- Stone v. Powell, 428 U.S. 465 (1976) (exclusionary rule as a non-jurisdictional, prudential limitation in habeas)
- Neil v. Biggers, 409 U.S. 188 (1972) (factors for evaluating pretrial identifications' reliability)
- Raheem v. Kelly, 257 F.3d 122 (2d Cir. 2001) (examines independent-source analysis and reliability considerations)