The Second Circuit issued a summary order today in Conner v. Poole. Pretty straightforward order as the court goes right to the merits of the claim, a due process claim based on a suggestive identification. It's fact-intensive and the court concludes that, even if there was a suggestive identification procedure, there was an independent basis for the identification.
The details:
Conner v. Poole, 10-1369-pr, 10-2060-pr, 11-1865-pr
- Affirming Denial of Habeas
- Argued: 10/3/11; Decided 10/12/11; Summary Order
- Panel: Sack, Raggi, Eaton, USCIT
- Lower Ct. Info: 07-CV-6230, 2010 WL 1404671 (WDNY Mar. 30, 2010) (MAT)
- In Circuit: Circuit Ct. COA
- Issues: whether petitioner was deprived of due process when an eyewitness was allowed to identify petitioner in court despite a pre-trial suggestive identification procedure
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