Taumu James v. Debbie Asuncion, Warden
DueProcess HabeasCorpus JusticiabilityDoctri
Does Perry govern the due process analysis if identification evidence is challenged based on the fact that it does not purport to identify the person who committed the crime?
QUESTIONS PRESENTED 1. In Perry v. New Hampshire, 565 U.S. 228 (2012), this Court held that the right to due process is generally not denied by identification evidence unless it was produced by state suggestion. Does Perry govern the due process analysis if identification evidence is challenged based on the fact that it admittedly does not purport to identify the person who committed the crime, or was Perry confined to the analysis of claims of suggestive identification? 2. Does it deprive a habeas petitioner of a fair application of 28 U.S.C. § 2254 when a circuit court sets up its own standard for what constitutes “clearly established federal law” and then fails to apply or even acknowledge that standard when a habeas petitioner invokes it? ;