Wiggins v. Greiner

Full title: MILTON WIGGINS, Petitioner, against CHARLES GRETNER, Respondent

Court: United States District Court, E.D. New York

Date published: Mar 19, 2003

97 CV 2045 (JBW) (E.D.N.Y. Mar. 19, 2003)

Opinion

97 CV 2045 (JBW).

March 19, 2003

MEMORANDUM AND ORDER

JACK B. WEINSTEIN, Senior District Judge

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.