United States Ex Rel. Smith v. Redman

MEMORANDUM OPINION

LATCHUM, Chief Judge.

Raymond R. Smith, a state prisoner, has petitioned this Court for a writ of habeas corpus pursuant to 28 U.S.C. § 2254. He claims that his Delaware Superior Court conviction for theft was premised on a constitutionally impermissible simultaneous “showup” before three witnesses. The Delaware Supreme Court rejected this same contention in Smith v. State, Del.Supr., 352 A.2d 765 (1976), and, accordingly, petitioner has exhausted his available state remedies. Picard v. Connor, 404 U.S. 270, 92 S.Ct. 509, 30 L.Ed.2d 438 (1971).

While returning from lunch on…