Clyde A. Charles v. Larry Smith, Warden, Louisiana State Penitentiary, and William J. Guste, Jr., Attorney General State of Louisiana

LIVELY, Circuit Judge.

This is an appeal from denial of an application for a writ of habeas corpus. The petitioner-appellant presents two issues for review: (1) Whether his pretrial identification by the victim of a rape as the perpetrator should have been suppressed because at the time of the identification he was in custody as the result of being arrested without probable cause; and (2) whether an inculpatory statement while in custody should have been suppressed because it resulted from an arrest without probable cause and from interrogation that violated the petitioner’s Fifth and…