Green v. Loggins

PECKHAM, Chief Judge.

The petitioner, John C. Green, was convicted of second degree murder in 1975. He contends, as he did in the state courts, that his conviction violated due process because the in-court identification of one of the state’s witnesses, David Terry, was tainted by an impermissibly suggestive pretrial confrontation between that witness and Green. For the reasons stated below, we agree that it was error to allow that identification testimony, and we further find that the error was not harmless beyond a reasonable doubt. Therefore, the petition for a writ of habeas corpus is…