Dossie X. Faison, Jr. v. Robert F. Zahradnick, Superintendent of the Virginia State Penitentiary

The petitioner, a Virginia state prisoner convicted of robbery and abduction, sought habeas relief on the grounds that (1) he was unconstitutionally denied a transcript of his preliminary hearing, and that (2) identification testimony, in violation of constitutional standards, was admitted at trial. The District Court denied relief and we affirm.

We shall consider seriatim the two claims.

I

It was held in Roberts v. LaVallee (1967) 389 U.S. 40, 88 S.Ct. 194, 19 L.Ed.2d 41, that, if any criminal defendant, upon payment of a fee, can secure a transcript of his preliminary hearing, an indigent…