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YOUNG v. HERRING

No. 84-4365. Summary Calendar.

777 F.2d 198 (1985)

Jerry Lynn YOUNG, Petitioner-Appellee, v. Robert HERRING, Lee County Sheriff, and Donald A. Cabana, Superintendent, Mississippi State Penitentiary, Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

November 26, 1985.

Attorney(s) appearing for the Case

Edwin Lloyd Pittman, Atty. Gen., William S. Boyd, III, Jackson, Miss., for respondents-appellants.

Jerry Lynn Young, pro se.

Brooks Eason, Jackson, Miss., (Court Appointed), for petitioner-appellee.

Before POLITZ, WILLIAMS and GARWOOD, Circuit Judges.

GARWOOD, Circuit Judge.

The appellee, Jerry Lynn Young, filed a pro se petition for writ of habeas corpus in the United States District Court for the Northern District of Mississippi, challenging the constitutionality of his armed robbery conviction in the Circuit Court of Lee County, Mississippi. The district court granted the writ of habeas corpus, finding that Young was denied due process of law by the admission of identification testimony based upon an impermissibly...

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