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Kennaugh v. Miller

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Argued: January 29, 2002

After his state court conviction was affirmed on direct appeal, 459 N.Y.S.2d 953 (2d Dep’t 1983), petitioner sought a writ of habeas corpus. The United States District Court for the Eastern District of New York (Korman, J.) denied the petition, 150 F. Supp. 2d 421 (E.D.N.Y. 2001). Petitioner appealed on two grounds: that the state decision was contrary to or an unreasonable application of Manson v. Brathwaite and that the state court’s rejection of petitioner’s Brady claim was based upon an unreasonable determination of the facts and was contrary to or an unreasonable application of federal law. We agree that the general due process standard in Manson would apply to the admission of impermissibly suggestive in-court identification testimony, but find that any error in the state court’s application of this federal law was harmless. We also find that, to the extent that habeas review is available for petitioner’s Brady claim, the denial of the petition was proper.

Affirmed.

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