James Conley v. Warden, Chillicothe Correctional Inst.

ROGERS, Circuit Judge.

Petitioner James M. Conley seeks habe-as relief from his conviction in Ohio state court for aggravated burglary. Conley challenges a witness’s in-court identification of him and contends that his prosecu-torial-misconduct claims are not procedurally defaulted. The Ohio Court of Appeals concluded that the witness’s in-court identification was reliable, and held that because Conley did not object to the alleged misconduct at trial, he waived all but plain error review. Because Conley has failed to establish that the pretrial procedure was unduly suggestive and that the…