Johnson Kenneth Evans v. Theodore Janing, Sheriff of Douglas County, Nebraska

WEBSTER, Circuit Judge.

In this appeal from the order of the District Court denying habeas corpus relief, Johnson Kenneth Evans asserts two constitutional challenges to the eyewitness identifications upon which his state robbery conviction depended: (1) that the eyewitness testimony was tainted by a prior uncounselled photographic display; and (2) that the state prejudiced his defense by failing to produce evidence favorable to the accused in the form of a police report showing one eyewitness had failed to identify a photograph of Evans. We uphold the order of the District Court and affirm.

On…