Unpublished Dispositionjohn E. Scott, Petitioner-appellant, v. Dale Foltz, Respondent-appellee, 842 F.2d 333 (6th Cir. 1988)

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US Court of Appeals for the Sixth Circuit - 842 F.2d 333 (6th Cir. 1988) March 24, 1988

Before NATHANIEL R. JONES, MILBURN and BOGGS, Circuit Judges.


ORDER

This pro se Michigan prisoner appeals the district court's order denying his petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254.

Petitioner challenged his jury conviction for first degree criminal sexual conduct for which he received a life sentence. Claiming that he was denied a fair trial, petitioner alleged (1) that the in-court identification was tainted by impermissibly suggestive pretrial identification procedures; (2) that an inculpatory statement should have been excluded from trial; (3) that testimony of blood type and hair analysis should have been excluded; (4) that he was denied effective assistance of counsel; and (5) that opinion testimony by a nonexpert should have been excluded from trial. The district court determined that petitioner was not denied a fair trial and rejected the application for writ of habeas corpus.

Upon review, we conclude that denial of the petition was proper. Accordingly, the district court's order is hereby affirmed for the reasons stated by the district court. Rule 9(b) (5), Rules of the Sixth Circuit.

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