Quinerly v. Cherry

ORDER

BRITT, District Judge.

Petitioner, Jay Melvin Quinerly, a prisoner of the State of North Carolina, was convicted by a jury in the Superior Court for Craven County of armed robbery. He is currently serving a fifteen-year prison sentence and brings this petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 (1976). Three claims for relief are presented. First, the conviction resulted from a mistaken identification in violation of the sixth and fourteenth amendments.1 Second, insufficient evidence existed upon which guilt could be based. Third, the trial judge overruled…