WEBB v. HAVENER

No. 75-2374.

549 F.2d 1081 (1977)

Walter WEBB, Jr., Plaintiff-Appellant, v. Joseph H. HAVENER, Superintendent of Southern Correctional Facility, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided February 18, 1977.

As Modified April 14, 1977.


Attorney(s) appearing for the Case

Walter Webb, Jr., pro se.

Albert S. Rakas, Dana F. Castle, Margery B. Koosed, Akron, Ohio, for plaintiff-appellant.

William Brown, Atty. Gen. of Ohio, Simon B. Karas, Columbus, Ohio, for defendant-appellee.

Before CELEBREZZE, McCREE and ENGEL, Circuit Judges.


McCREE, Circuit Judge.

This appeal from the dismissal of a petition for a writ of habeas corpus requires us to determine whether the admission of out-of-court identification of appellant violated his constitutional right to a fair trial.

Appellant attacks his state conviction of armed robbery on two constitutional grounds. First he contends that the out-of-court identification that two witnesses made of him was made under such suggestive circumstances that...

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