United States Sixth Circuit

In an assault prosecution, the denial of Petitioner's habeas petition is affirmed, where the pretrial identification testimony presented at trial was not so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification.

Appellate Information

• Decided 07/10/2009
• Published 07/10/2009

Judges

• Before:  DAUGHTREY and ROGERS, Circuit Judges;  RESTANI, Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Stephan J. Schlegelmilch, Baker & Hostetler LLP, Cleveland, Ohio, for Appellant.  Brian O. Neill, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee.   ON BRIEF:  Stephan J. Schlegelmilch, Thomas D. Warren, Baker & Hostetler LLP, Cleveland, Ohio, for Appellant.  Brian O. Neill, Office of the Michigan Attorney General, Lansing, Michigan, for Appellee.