ROBINSON v. SMITH

No. 80-3060.

624 F.2d 54 (1980)

Russell ROBINSON, Petitioner-Appellee, v. Stephen T. SMITH, Warden, Kentucky State Reformatory, Respondent-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 2, 1980.


Attorney(s) appearing for the Case

K. Gail Leeco, Asst. Atty. Gen., Frankfort, Ky., for respondent-appellant.

Frank W. Heft, Jr., Jefferson Dist. Public Defender, Louisville, Ky., for petitioner-appellee.

Russell Robinson, pro se.

Before EDWARDS, Chief Circuit Judge, BROWN, Circuit Judge, and CECIL, Senior Circuit Judge.


BAILEY BROWN, Circuit Judge.

Petitioner below, Robinson, who was convicted of armed robbery in a Kentucky court and whose conviction was affirmed on direct appeal, brought a habeas corpus action in federal court. The contention was that a showup prior to trial was so suggestive and unreliable that its introduction at trial as well as an in-court identification denied him due process of law.

Two black males robbed a liquor store in March, 1977, and the owner...

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