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VELEZ v. SCHMER

No. 83-1124.

724 F.2d 249 (1984)

Jose Enrique Casiano VELEZ, Petitioner, Appellant, v. Jose SCHMER, etc., Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided January 6, 1984.

Attorney(s) appearing for the Case

Luis F. Abreu Elias, Hato Rey, P.R., for petitioner, appellant.

Gerardo Mariani, Asst. Sol. Gen., San Juan, P.R., with whom Miguel Pagan, Acting Sol. Gen., Dept. of Justice, San Juan, P.R., was on brief, for respondent, appellee.

Before CAMPBELL, Chief Judge, ALDRICH and COWEN, Senior Circuit Judges.

BAILEY ALDRICH, Senior Circuit Judge.

On this appeal from the denial of a writ of habeas corpus the legal principles are clear; the basic facts, also, are not in dispute. The sole question is the conclusion to be drawn, specifically, whether an initial, show-up, identification of petitioner was so suggestive and unreliable that it must be regarded as tainting the one made in court. The Puerto Rico Supreme Court held that it was not. People v. Casiano Velez,

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