Deone Edward Washington v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary

Deone Washington was convicted in Oregon state court of attempted rape in the first degree. The state court of appeals affirmed the conviction. State v. Washington, 24 Or.App. 321 , 544 P.2d 626 (1976). After exhausting state remedies, Washington sought a writ of habeas corpus in federal district court. Washington contended that police suggestions at a hospital identification procedure made later identifications by the victim inevitable, rendering their admission at his trial violative of due process. The district court adopted the magistrate’s recommendation that the writ should be denied. We affirm.

I. Facts

On March 10, 1975, between 6:30 and 6:45 a.m., a woman was assaulted while taking a shower in a dormitory at Lewis and Clark College in Portland. Her assailant pulled her from the shower, pressed a knife against her side, and attempted to rape her. The episode lasted five to ten minutes before she was able to escape.

At approximately 7:20 a.m. the police arrived at the college. The victim described her assailant as a black male in his early twenties, five feet ten inches tall, medium to heavy build, with a round face, medium complexion, prominent cheek bones, and a high…