Don Adell Kalmbach v. Clarence Jones, Sheriff, Dallas County, Texas

This is an appeal from the denial of a writ of habeas corpus sought by appellant Kalmbach as a result of a robbery conviction. Kalmbach’s sole contention is that the victim’s in-court identification was the product of unduly suggestive and fundamentally unfair pre-trial photographic identification, and this being critical to the prosecution’s ease, the state conviction is inform. 1 We affirm.

The sole identification witness was Mrs. Selma Bland, the owner and operator of the Valhalla Motel at the time of the robbery. On two separate occasions, one two weeks after the robbery, the other, just…