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Michael Allen Glenn v. Dan Reynolds and Attorney General of the State of Oklahoma

Citations: 37 F.3d 1509; 1994 WL 573763; 1994 U.S. App. LEXIS 35688Docket: 94-6119

Court: Court of Appeals for the Tenth Circuit; October 19, 1994; Federal Appellate Court

Narrative Opinion Summary

In this case, the appellant, convicted of First Degree Burglary, sought habeas corpus relief under 28 U.S.C. § 2254, which was dismissed by the district court following the magistrate judge's report. The appellant challenged the trial court's admission of the victim's in-court identification, claimed prosecutorial misconduct, and contested the admission of statements made prior to receiving Miranda warnings. Upon review, the court applied a de novo standard to the constitutionality of identification procedures, affirming the lower court's findings that the procedure was not unnecessarily suggestive and was reliable under the totality of circumstances. Additionally, the court held that the denial of a mistrial, despite the prosecutor's questioning about prior felonies, did not render the trial fundamentally unfair, and thus was not suitable for habeas review. The court further confirmed that the appellant was properly advised of his rights before police interrogation. Consequently, the court affirmed the denial of habeas relief, finding no constitutional violations, and clarified that its order is not binding precedent except under specific legal doctrines.

Legal Issues Addressed

Admissibility of Statements and Miranda Warnings

Application: Statements made before Miranda warnings are admissible if the defendant is properly advised of rights prior to law enforcement interactions.

Reasoning: Lastly, Mr. Glenn claimed that statements made before receiving Miranda warnings should have been excluded, but both the district and state appellate courts confirmed he was properly advised of his rights before any conversation with law enforcement.

Citing Unpublished Opinions

Application: Unpublished opinions may be cited if they hold persuasive value on a material issue, provided procedural requirements are met.

Reasoning: Unpublished opinions may now be cited if they have persuasive value on a material issue, provided a copy is attached or furnished during oral argument.

Due Process and In-Court Identifications

Application: In-court identifications are valid if suggestiveness does not lead to a substantial likelihood of misidentification.

Reasoning: The district court concluded that even if the identification was suggestive, it did not create a substantial likelihood of misidentification.

Habeas Corpus Review Standards

Application: The court reviews de novo the constitutionality of identification procedures, presuming state court factual determinations correct.

Reasoning: The court applies a de novo review for the constitutionality of identification procedures, while presuming state court factual determinations correct.

Identification Procedure Constitutionality

Application: The constitutionality of an identification procedure depends on its suggestiveness and the reliability under the totality of circumstances.

Reasoning: The constitutionality hinges on whether the identification procedure was unnecessarily suggestive and if it remained reliable under the totality of circumstances, evaluated by five factors...

Prosecutorial Misconduct and Mistrial Denials

Application: Prosecutorial questioning that violates a motion in limine does not necessarily render a trial fundamentally unfair or warrant habeas relief.

Reasoning: The district court determined this did not render the trial fundamentally unfair, and thus, the claim fell under state law and was not appropriate for a habeas review.

Right to Counsel in Lineup Procedures

Application: No right to counsel exists during a photographic lineup, validating in-court identifications made thereafter.

Reasoning: Additionally, it ruled that Mr. Glenn had no right to counsel during a photographic lineup, making the in-court identification valid.