Richard Florentino Tafoya, AKA Robert Peralta Herrera v. Frank A. Eyman, Superintendent, Arizona State Prison

Richard F. Tafoya appeals from an order of the district court denying a petition for a writ of habeas corpus by a state prisoner.

On February 17, 1967, the Greyhound Bus Depot in Tucson, Arizona, was robbed by an undisguised gunman. There were five eyewitnesses to the robbery. Adams, a depot employee, delivered the money through the cashier’s window to the robber who held a gun on Julie Pedro with his left hand while holding her with his right. He threatened to kill her if the money was not delivered. Barnes, another employee, Am-brose and Antone looked on. Barnes, Adams and Pedro were within a few feet of Tafoya. Ambrose and Antone were only a little farther away. Several minutes elapsed while Adams was delivering the money and the robber was putting it into a paper bag. All five witnesses had excellent opportunity to see him. All five made oral statements to the police that night. Adams and Barnes gave detailed descriptions to the police and together assisted a police artist in making a composite drawing of the robber.

A few days after the robbery, Adams and Barnes were shown over 100 photographs by police but could not identify the robber in any of them. (Tafoya’s photograph…