Ralph William Fuller v. D. G. Luther, Superintendent, Department of Corrections

BUTZNER, Circuit Judge:

Ralph William Fuller, convicted of robbery, appeals from the order of the district court dismissing his petition for a writ of habeas corpus on the basis of the state court record without an evidentiary hearing. Fuller claims that his court-appointed counsel was incompetent because he did not object both to the identification testimony of the victim which he alleges was tainted by pre-trial suggestive techniques and to the testimony of a police officer regarding Fuller’s statements procured as a result of the pre-trial identification. Fuller also contends that his…