Richardson v. Superintendent of Mid-Orange Correctional Facility

RESTANI, Judge:

Respondent, the Superintendent of Mid-Orange Correctional Facility (“the Superintendent”), appeals from a judgment of the United States District Court for the Eastern District of New York (Johnson, J.) granting Petitioner Jermaine Richardson’s application for a writ of habeas corpus. The district court concluded that the New York state trial court improperly admitted testimony based on two pretrial identifications of Richardson by witness Tacius Pierre-Louis in violation of Richardson’s due process rights. We conclude that the district court erred because Richardson failed to…