Metts v. Miller

ORDER ■

RAGGI, District Judge.

This court has reviewed the report of Magistrate Judge Levy and petitioner’s objections thereto received December 8, 1997. The court finds, for the reasons stated by the magistrate judge, that Mr. Metts’ petition must be denied. The court disagrees with petitioner’s contention that a hearing is necessary re: the unavailability of witness Lisa Mena to the defense at trial. The trial court’s instruction to the jury re: Mr. Mena’s statement to the police and her failure to identify Mr. Metts in a line-up sufficed to ensure that this witness’s unavailability at trial.…