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UNITED STATES EX REL. MEALEY v. STATE OF DELAWARE

No. 73-1412.

489 F.2d 993 (1974)

UNITED STATES of America ex rel. Russell Davis MEALEY, Jr., Appellant, v. The STATE OF DELAWARE.

United States Court of Appeals, Third Circuit.

Decided January 2, 1974.

Attorney(s) appearing for the Case

Richard W. Pell, Tybout, Redfearn & Schnee, Wilmington, Del., for appellant.

Francis A. Reardon, Deputy Atty. Gen., Dept. of Justice, Wilmington, Del., for appellee.

Before HASTIE, ALDISERT and WEIS, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

This appeal presents the question whether impermissible photographic identification testimony which infringed appellant's due process rights in a state criminal proceeding constituted harmless error beyond a reasonable doubt. The district court found "that the properly admitted evidence of Mealey's guilt was so overwhelming, and the prejudicial effect of the victim's identification of him was so insignificant...

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