Jerry Lynn Young v. Robert Herring, Lee County Sheriff

JERRE S. WILLIAMS, Circuit Judge:

This case involves the requirement in a habeas corpus proceeding that a due process inquiry is barred only when the highest state court, pursuant to the contemporaneous objection rule, denies relief by a clear and express statement of an independent state ground for decision. The case involves the validity of an in-court identification of the accused. A prior panel of this Court found an independent state ground, although there was no express statement. But that decision was before a recent controlling decision of the United States Supreme Court. Harris v.…