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WIGGINS v. GREINER

United States District Court, Eastern District of New York


March 19, 2003

MILTON WIGGINS, PETITIONER, AGAINST CHARLES GRETNER, RESPONDENT.

The opinion of the court was delivered by: Jack B. Weinstein, Senior District Judge

MEMORANDUM AND ORDER

A hearing was conducted on March 19, 2003. Defendant Milton Wiggins was present by telephone and spoke at length. His mother was physically present and spoke. Respondent was represented by counsel. For the reasons stated orally at length on the record, the petition for a writ of habeas corpus is denied.

A certificate of appealability is granted with respect to whether petitioner's constitutional rights were violated by:

1) suggestibility in his identification by use of one photograph and by a one way mirror show-up with no lineup;
2) the fact that his attorney was not present at a show-up that might have been suggestive when petitioner was represented by counsel and the police knew that he was represented;
3) ineffectiveness of trial counsel in conducting petitioner's a) Wade hearing and b) trial;
4) ineffective assistance of trial counsel in preventing him from testifying at a) the Wade hearing and b) the second trial; and
5) use of an absent witness's hearsay testimony at the trial.
SO ORDERED.

20030319

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