United States of America Ex Rel. Robert Phipps, Relator-Appellant v. Harold W. Follette, as Warden of Green Haven Prison, at Stormville, New York

U.S. Court of Appeals, Second Circuit · Decided 1970-05-27

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FRIENDLY, Circuit Judge: This appeal by a state prisoner presents the question whether a station-house identification, alleged and here found to have been made under circumstances that were unduly suggestive, requires a conviction obtained in part on the basis of a subsequent court-room identification to be set aside in federal habeas. Petitioner Robert Phi…

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