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WALTERS v. JAGO

No. 79-3532.

642 F.2d 194 (1981)

Calvin WALTERS, Petitioner-Appellant, v. Arnold R. JAGO, Supt., Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 4, 1981.

Attorney(s) appearing for the Case

Calvin Walters, pro se.

Kathleen C. King, Covington, Ky. (Court-appointed), for petitioner-appellant.

William J. Brown, Atty. Gen. of Ohio, Richard Drake, Asst. Atty. Gen., Columbus, Ohio, for respondent-appellee.

Before EDWARDS, Chief Judge, and BROWN and KENNEDY, Circuit Judges.

PER CURIAM.

Petitioner Walters appeals from the denial of his habeas corpus petition attacking his conviction and sentence to life imprisonment in Ohio. The basic contention in this appeal, as apparently was true at the proceeding before the District Court, is that a photographic mock-up from which the eyewitness to the burglary identified the petitioner as a party to the crime was "impermissibly suggestive" under the standards set forth in Neil v. Biggers,

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