JOHNSON v. WAINWRIGHT

No. 75-2509 Summary Calendar.

523 F.2d 1253 (1975)

Henry JOHNSON, Petitioner-Appellant, v. Louie L. WAINWRIGHT, Director, Florida Division of Corrections, Respondent-Appellee.

United States Court of Appeals, Fifth Circuit.

November 24, 1975.


Attorney(s) appearing for the Case

J. Norman White, Lakeland, Fla. (Court-appointed), for petitioner-appellant.

Robert L. Shevin, Atty. Gen., Miami, Fla., Mary Jo Gallay, Tampa, Fla., for respondent-appellee.

Before BROWN, Chief Judge, and GODBOLD and GEE, Circuit Judges.


PER CURIAM:

Petitioner Johnson brought this habeas corpus action under 28 U.S.C. § 2254, complaining that he was denied due process of the law in his Florida robbery trial in that the perception of the state's two major witnesses, both of whom made in-court identifications of him, was influenced by suggestive pretrial photographic identification procedures.

Identification procedures may be "so unnecessarily suggestive and conducive to irreparable mistaken...

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