United States ex rel. James v. Follette

EDWARD WEINFELD, District Judge.

Petitioner, currently serving a twenty to twenty-five year sentence at the Green Haven state prison following his conviction after trial by jury for kidnapping, seeks his release upon a federal writ of habeas corpus.1 He charges that his conviction was unconstitutionally tainted by the admission into evidence of his station house identification by Carl Moody, the kidnapping victim, two months after the event. Specifically, petitioner alleges that at the station house Moody at first did not identify him, but after an interval thought petitioner might be his…