WARD v. WAINWRIGHT

No. 71-1649 Summary Calendar.

450 F.2d 409 (1971)

Marvin T. WARD, a/k/a Moses Anderson, Petitioner-Appellee, v. Louie L. WAINWRIGHT, Director, Division of Corrections, State of Florida, Respondent-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied December 15, 1971.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen. of Fla., Wallace E. Allbritton, A. S. Johnston, Asst. Attys. Gen., Tallahassee, Fla., for respondent-appellant.

Samuel S. Jacobson, Jacksonville, Fla. (Court Appointed), for petitioner-appellee.

Before THORNBERRY, MORGAN and CLARK, Circuit Judges.


CLARK, Circuit Judge:

In this habeas corpus proceeding the district court vacated petitioner's robbery conviction, basing its disposition solely upon an examination of the state court trial record. The premise underlying this grant of relief was: "Petitioner was denied due process of law in his state trial in that the totality of the circumstances surrounding the identification evidence creates a substantial likelihood of an incorrect identification." We disagree...

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