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THOMPSON v. LEEKE

No. 84-6370.

756 F.2d 314 (1985)

Albert THOMPSON, Appellee, v. William D. LEEKE; Attorney General of South Carolina, Appellants.

United States Court of Appeals, Fourth Circuit.

Decided February 25, 1985.

Attorney(s) appearing for the Case

Harold M. Coombs, Jr., Asst. Atty. Gen., Columbia, S.C. (T. Travis Medlock, Atty. Gen., Donald J. Zelenka, Deputy Atty. Gen., Columbia, S.C., on brief), for appellants.

David I. Bruck, Columbia, S.C., for appellee.

Before PHILLIPS and CHAPMAN, Circuit Judges and MICHAEL, District Judge, sitting by designation.

JAMES DICKSON PHILLIPS, Circuit Judge:

The State of South Carolina appeals the grant of a writ of habeas corpus to the appellee, Albert Thompson. 590 F.Supp. 110 (1984). The writ was granted on the basis that an in-court identification of Thompson at his trial for armed robbery was unconstitutionally tainted and that the erroneous admission of that evidence was not harmless beyond a reasonable doubt. We affirm.

I

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