Edward Gregory v. Donald W. Wyrick

730 F.2d 542, 1984 U.S. App. LEXIS 24195

Opinions

PER CURIAM.

This is a petition, for habeas corpus filed by a prisoner in state custody. The District Court¹ 564 F.Supp. 715, dismissed the petition, and we affirm.

Edward Gregory, the petitioner-appellant, claims that his State conviction is invalid because it was based on identification testimony obtained as a result of an arrest that violated the Fourth Amendment. Gregory had a full and fair opportunity to raise this question in the State courts, and they in fact rejected his contention on its merits, holding that even if his arrest was illegal, the identification testimony of which he complains was not tainted thereby. Under Stone v. Powell, 428 U.S. 465, 96 S.Ct. 3037, 49 L.Ed.2d 1067 (1976), federal habeas corpus review of this issue is barred. Part IIA of the District Court’s opinion fully explains the reasons for this result. See 8th Cir.R. 14.

Affirmed.

1

. The Honorable John W. Oliver, Senior United States District Judge for the Western District of Missouri.