Donald Johnson v. Bart Ross, Superintendent, Arthur Kill Correctional Facility

OAKES, Chief Judge:

Donald Johnson appeals from an order of the United States District Court for the Southern District of New York, Louis L. Stanton, Judge, denying his petition for a writ of habeas corpus. The district court found, inter alia, that even if the trial court’s admission of the witnesses’ out-of-court identifications of Johnson’s clothing were so prejudicial as to give rise to a due process claim, any error committed in admitting this evidence was harmless beyond a reasonable doubt. Because we believe that the admission of testimony regarding the identification of Johnson’s…