James J. O'Brien v. Louie L. Wainwright

RONEY, Circuit Judge:

James O’Brien filed a petition for habeas corpus relief challenging his Florida conviction for first degree murder, burglary, attempted murder, conspiracy, aggravated assault, and use of a firearm in the commission of a felony. O’Brien contends: (1) that an in-court identification was based on an irreparably suggestive pretrial photographic identification and preliminary hearing that violated his due process rights; (2) evidence of his refusal to appear in a lineup violated his right against self-incrimination; and (3) admission of evidence found in an illegal search and…