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SUMMITT v. BORDENKIRCHER

Nos. 78-3415, 78-3587.

608 F.2d 247 (1979)

James Willard SUMMITT, Petitioner-Appellant, v. Donald E. BORDENKIRCHER, Warden, Kentucky State Penitentiary, Respondent-Appellee. John Gregory WATKINS, Petitioner-Appellant, v. Donald E. BORDENKIRCHER, Warden, Kentucky State Penitentiary, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided October 19, 1979.

Attorney(s) appearing for the Case

Terrence R. Fitzgerald, Chief App. Defender, Louisville, Ky. (Court-appointed), for petitioner-appellant.

John Gregory Watkins, pro se.

Robert F. Stephens, Atty. Gen. of Kentucky, Victor Fox, Asst. Atty. Gen., Frankfort, Ky., for respondent-appellee.

Before LIVELY and MERRITT, Circuit Judges, and BROWN, District Judge.

BAILEY BROWN, Chief District Judge.

These two appeals were consolidated for the purpose of considering whether it is a denial of due process for a state court in a criminal trial to decline to conduct a hearing outside the presence of the jury to determine the admissibility of identification evidence. We conclude that such a hearing is not constitutionally required and that the introduction of identification evidence in these cases did not violate due process standards...

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