SPENCER v. TURNER

No. 72-1318.

468 F.2d 599 (1972)

Kenneth Woodrow SPENCER, Petitioner-Appellee, v. John W. TURNER, Warden, Utah State Prison, Respondent-Appellant.

United States Court of Appeals, Tenth Circuit.

October 30, 1972.


Attorney(s) appearing for the Case

John D. Pearce, Salt Lake City, Utah, for petitioner-appellee.

Gregory D. Farley, Asst. Atty. Gen. (Vernon B. Romney, Atty. Gen. and David S. Young, Chief Asst. Atty. Gen., on the brief), for respondent-appellant.

Before MURRAH, SETH and DOYLE, Circuit Judges.


PER CURIAM.

Appellant Warden here seeks reversal of a judgment granting the appellee's petition for a writ of habeas corpus. The issue is whether the constitutional rights of petitioner-appellee were violated when, following a robbery, the victim was allowed to identify appellee in the general area of the robbery within an hour after it occurred. The district court concluded that the circumstances of the identification tainted the subsequent in-court identification...

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