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WASHINGTON v. CUPP

No. 77-4022.

586 F.2d 134 (1978)

Deone Edward WASHINGTON, Petitioner-Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

November 13, 1978.

Attorney(s) appearing for the Case

Howard R. Lonergan (argued), Portland, Or., for petitioner-appellant.

Melinda L. Bruce (argued), Salem, Or., for respondent-appellee.

Before DUNIWAY and CHOY, Circuit Judges, and GRANT, District Judge.

CHOY, Circuit Judge:

Deone Washington was convicted in Oregon state court of attempted rape in the first degree. The state court of appeals affirmed the conviction. State v. Washington, 24 Or.App. 321, 544 P.2d 626 (1976). After exhausting state remedies, Washington sought a writ of habeas corpus in federal district court. Washington contended that police suggestions at a hospital identification procedure made later identifications by the victim inevitable...

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