GREEN v. LOGGINS

No. C-77-1702 RFP.

461 F.Supp. 24 (1978)

John C. GREEN, Petitioner, v. Otis LOGGINS, Respondent.

United States District Court, N. D. California.

June 30, 1978.


Attorney(s) appearing for the Case

Thomas S. Worthington, Houde & Worthington, Salinas, Cal., for petitioner Green.

Evelle J. Younger, Atty. Gen., Ann K. Jensen, Deputy Atty. Gen., San Francisco, Cal., for respondent Otis Loggins.


PECKHAM, Chief Judge.

The petitioner, John C. Green, was convicted of second degree murder in 1975. He contends, as he did in the state courts, that his conviction violated due process because the in-court identification of one of the state's witnesses, David Terry, was tainted by an impermissibly suggestive pretrial confrontation between that witness and Green. For the reasons stated below, we agree that it was error to allow that identification testimony, and we...

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