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HELTZEL v. COWAN

No. 74-2316.

518 F.2d 851 (1975)

Robert M. HELTZEL, Petitioner-Appellant, v. Henry E. COWAN, Superintendent, Kentucky State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

July 2, 1975.

Attorney(s) appearing for the Case

J. Vincent Aprile, Public Defender, Frankfort, Ky., for petitioner-appellant.

Ed W. Hancock, Atty. Gen. of Ky., Robert W. Riley, Frankfort, Ky., for respondent-appellee.

Before EDWARDS, CELEBREZZE and MILLER, Circuit Judges.

PER CURIAM.

In this appeal we are asked to reverse the District Court's denial of a writ of habeas corpus. The judgment of the court was entered upon the ground that a one-on-one show-up identification of appellant by a complaining witness while "obviously suggestive," Stovall v. Denno, 388 U.S. 293, 87 S.Ct. 1967, 18 L.Ed.2d 1199 (1967), did not constitute abuse of federal constitutional rights under "the totality of...

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