Cooper v. Bergeron, No. 13-1471 (1st Cir. 2015)
Annotate this CaseAfter a jury trial, Petitioner was found guilty of armed robbery and armed burglary. The state trial judge found Petitioner to be a habitual offender and sentenced him to life in prison. On appeal, the state appellate court determined (1) the victim’s pretrial identification of Petitioner’s voice on a recorded telephone call was not tainted by an improperly suggestive police procedure; and (2) Petitioner’s post-Miranda statements to the police were made voluntarily. Petitioner later sought federal habeas relief, alleging that his due process rights under the Fifth and Fourteenth Amendments were violated. The district court denied the petition. The First Circuit affirmed, holding (1) the state court’s decision that the pretrial identification of Petitioner’s voice was sufficiently reliable for the jury’s consideration was not the result of “extreme malfunction” sufficient to warrant relief under 28 U.S.C. 2254; and (2) the state court’s decision on voluntariness was objectively reasonable..
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