COOPER v. PICARD

No. 7543.

428 F.2d 1351 (1970)

Charles F. COOPER, Petitioner, Appellant, v. Philip J. PICARD, Superintendent, Massachusetts Correctional Institution, Norfolk, Respondent, Appellee.

United States Court of Appeals, First Circuit.

June 29, 1970.


Attorney(s) appearing for the Case

John C. Cratsley, with whom Donald A. Kaplan, A. Van C. Lanckton, Jonathan Asher, and Eric Wallach, Cambridge, Mass., were on brief, for petitioner, appellant.

Ruth I. Abrams, Asst. Atty. Gen., with whom Robert H. Quinn, Atty. Gen., John J. Irwin, Jr., Asst. Atty. Gen., Chief, Criminal Division, and John J. Droney, Dist. Atty., Northern District, were on brief, for respondent, appellee.

Before ALDRICH, Chief Judge, McENTEE and COFFIN, Circuit Judges.


McENTEE, Circuit Judge.

This is an appeal from the denial without hearing of a petition for a writ of habeas corpus and presents the narrow question whether petitioner was entitled to an evidentiary hearing. He claims that witnesses who identified him at trial were subject to impermissibly suggestive photographic and lineup-like identification procedures and that the Commonwealth failed to establish the independence of their in-court identification.

The case...

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