McMILLAN v. BARKSDALE

No. 86-5167.

823 F.2d 981 (1987)

Clark Jerome McMILLAN, Plaintiff-Appellant, v. Eugene BARKSDALE, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 21, 1987.


Attorney(s) appearing for the Case

W.J. Michael Cody, Atty. Gen. of Tenn., Nashville, Tenn., Ann Lacy Johns, argued, for defendants-appellees.

Charles P. Roney (Court-Appointed), argued, Memphis, Tenn., for plaintiff-appellant.

Before MERRITT, WELLFORD and MILBURN, Circuit Judges.


MERRITT, Circuit Judge.

Clark McMillan raises one issue in appealing the District Court's disposition of his habeas corpus claim. He states the single issue as follows: "Whether the Honorable District Court Judge erred in failing to hold an evidentiary hearing." Mr. McMillan asserts that the District Court should have independently reviewed two factual issues: (1) whether the line-up at which he was identified was unnecessarily suggestive, and (2) whether this line...

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