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JOHNSON v. WAINWRIGHT

No. 82-5583 Non-Argument Calendar.

702 F.2d 909 (1983)

Larry Darnell JOHNSON, Petitioner, v. Louie L. WAINWRIGHT, Respondent.

United States Court of Appeals, Eleventh Circuit.

April 11, 1983.

Attorney(s) appearing for the Case

Michael Tarre, Miami, Fla., for petitioner.

Jim Smith, Atty. Gen., Tallahassee, Fla., Theda James, Asst. Atty. Gen., Miami, Fla., for respondent.

Before RONEY, VANCE and ANDERSON, Circuit Judges.

PER CURIAM:

In 1976 Johnson was convicted of attempted murder and robbery. At trial he attempted to suppress his in-court identification by the victim of the crimes as tainted by an impermissibly suggestive pretrial photographic identification procedure. His primary concern was that the twelve picture photographic array used by the police included two pictures of him and only one each of the other ten individuals. His conviction was affirmed by the appellate court...

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