James T. Caver v. State of Alabama

RIVES, Circuit Judge:

This state prisoner’s petition for habeas corpus comes to this Court by appeal for a second time. Petitioner, James T. Caver, was convicted of second degree murder in the Circuit Court of Calhoun County, Alabama, and was sentenced to imprisonment for 50 years. Caver’s petition alleges: (1) that his initial arrest for vagrancy was pretextural and, hence, illegal, so as to make all of the subsequently obtained evidence inadmissible as tainted fruit of the poisonous tree; and (2) that he was subjected to a counselless line-up which was unduly suggestive. In our earlier per…