Beruflich Dokumente
Kultur Dokumente
2d 884
Convicted in Florida of first degree murder, armed robbery, burglary and illegal
possession of a firearm, Eliceo Rodriguez appeals the denial of habeas corpus
relief. Convicted largely on the identification testimony of the 11-year-old son
of the two murder victims, petitioner seeks relief because the trial court (1)
refused to admit testimony of an expert witness on the subject of memory and
perception in regard to eyewitness testimony, (2) denied a requested jury
instruction regarding identification testimony and (3) admitted evidence
concerning a pretrial out-of-court photographic identification. Petitioner claims
the evidence was insufficient for a constitutional conviction.
The crime was committed on June 21, 1979. Rodriguez was convicted on
The crime was committed on June 21, 1979. Rodriguez was convicted on
September 27, 1980. His conviction was affirmed on May 25, 1982. Rodriguez
v. State, 413 So.2d 1303 (Fla.Dist.Ct.App.1982). His state denial of postconviction relief was affirmed on June 7, 1983. Rodriguez v. State, 432 So.2d
729 (Fla.Dist.Ct.App.1983). On August 2, 1983 Rodriguez filed a federal
petition for writ of habeas corpus. After an adverse magistrate's
recommendation, the district court denied the petition on November 21, 1983.
AFFIRMED.