United States of America Ex Rel. Anthony Trignani v. H. E. Russell

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

This appeal challenges a July 3, 1967, District Court order denying a petition for a writ of habeas corpus without hearing. Relator contends that his confrontation and identification by the victim of a shooting (incident to robbery)1 in such victim’s hospital room a few days subsequent to the crime, after a detective stated “this is the man who robbed you,” caused his identification by such victim at the trial to be a violation of due process of law under the totality of the circumstances. The Supreme Court of the United States has stated the…