Sumner, Warden v. Mata

Background

In 1972 a prisoner was charged with killing another inmate at a California prison. Investigators showed two eyewitnesses several photographic arrays; both eventually selected the respondent’s photograph and later identified him at trial. The defendant was convicted and challenged the pretrial photo procedures in state court and federal habeas proceedings. The Ninth Circuit reversed the habeas denial, finding the photographic identification so suggestive that a new trial was required unless the State granted one.

Reasoning

The Circuit Justice reviewed whether the Ninth Circuit’s two-part test — which asked whether a lineup was necessary and whether there was a substantial likelihood of misidentification — conflicted with this Court’s instruction that the key issue is the reliability of the identification. He noted that the Ninth Circuit placed significant weight on the availability of a lineup and that this approach appeared inconsistent with prior Supreme Court decisions and with another federal appeals court’s view. Because of that apparent conflict, he concluded it was likely at least four Justices would agree to hear the case and therefore granted a temporary stay of the Ninth Circuit’s mandate.

Real world impact

The stay puts the Ninth Circuit’s new-trial order on hold and keeps the conviction in place while the Supreme Court decides whether to review identification standards. The immediate effect is on the defendant and the State of California in this case; the outcome could also affect how other courts treat photo arrays versus lineups. The stay is temporary: it will end if the Supreme Court refuses review, and it will remain in effect while the Court decides the case if certiorari is granted.