In an assault prosecution, the denial of Petitioner’s habeas petition is affirmed, where the pretrial identification testimony presented at trial was not so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification.

Read Mills v. Cason, No. 06-2359

Appellate Information

Argued: December 9, 2008

Decided and Filed: July 10, 2009

Judges

Opinion by Judge Daughtrey

Counsel

For Appellant:

Stephan J. Schlegelmilch, Baker & Hostetler LLP, Cleveland, OH

For Appellee:

Brian O. Neill, Office of the Michigan Attorney General, Lansing, MI

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