In Richardson v. Superintendent of Mid-Orange Corr. Facility, No. 09-3655, the state’s appeal from the grant of petitioner’s habeas petition, the court reversed the order where the district court erred because petitioner failed to exhaust state remedies with respect to one of the identifications at issue, and the determination of the New York courts that the other identification was not unnecessarily suggestive was not contrary to, nor an unreasonable application of, clearly established federal law as determined by the U.S. Supreme Court.
Related Resources
- Full Text of Richardson v. Superintendent of Mid-Orange Corr. Facility, No. 09-3655
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