United States Ex Rel. Harry E. Carey v. Robert L. Johnson, Superintendent, State Correctional Institution, Graterford, Pennsylvania

OPINION OF THE COURT

Appellant, Harry E. Carey, was convicted in 1967 in a Pennsylvania court of the crimes of aggravated robbery and rape and was sentenced to concurrent terms of five to twenty years. His appeals in the state courts were unsuccessful, and Carey filed a petition for habeas corpus in the district court. After correctly determining that the cognizable claims in the petition 1 had been adequately considered by the state courts, the district court, without holding its own hearing, 2 denied relief.

In this appeal, Carey first contends that the in-court identification of him by the…