MARSHALL v. ROSE

No. 73-1361.

499 F.2d 1163 (1974)

Paul Henry MARSHALL and Roy Thomas Marshall, Petitioners-Appellants, v. Jim ROSE, Warden, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided June 25, 1974.


Attorney(s) appearing for the Case

Frank L. Flynn, Jr. (court appointed), Knoxville, Tenn., for petitioners-appellants.

Robert H. Roberts, Asst. Atty. Gen., Nashville, Tenn., for respondent-appellee; David M. Pack, Atty. Gen. & Reporter, of counsel.

Before EDWARDS, McCREE, and LIVELY, Circuit Judges.


McCREE, Circuit Judge.

This appeal from the denial of a petition for a writ of habeas corpus, 28 U. S.C. § 2241, requires us to determine whether a state trial court committed prejudicial constitutional error when it admitted a robbery victim's in-court identification of appellants without first finding that this identification had not been irreparably tainted by an unconstitutional showup conducted in the absence of appellants' counsel. The district court held...

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