State v. Spencer

Utah Supreme Court

Decided July 7, 1970

Utah Supreme Court · decided 1970-07-07

Cited by 2 later decisions — most recently June 1973

2 state decisions

Relies on United States v. Wade · Gilbert v. California · Solomon v. United States

Good law ✅— No negative treatment on recordhow we know

Decided 1970-07-07

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CALLISTER, Justice

¶1(concurring in the result).

¶2I concur in the result on the ground stated in State v. Madden.1

The Wade 2-Gilbert3 requirements do not apply to on-the-scene investigatory confrontations of a suspect and witnesses conducted shortly after (he crime.

‡ … 4

¶3. Or., 461 P.2d 834 (1969).

¶4. United States v. Wade, 388 U.S. 218, 87 S.Ct. 1926, 18 L.Ed.2d 1149 (1967).

¶5. Gilbert v. California, 388 U.S. 263, 87 S.Ct. 1951, 18 L.Ed.2d 1178 (1967).

¶6. Also see State v. Aldridge, 204 Kan. 599, 464 P.2d 8 (1970); Russell v. United States, 133 U.S.App.D.C. 77, 408 E.2d 1280, 1283 (1969); Solomon v. United States, 133 U.S.App.D.C. 103, 408 F.2d 1306 (1969).