Donnie Wayne Durrett v. Neal Brown, Superintendent, Clallam Bay Correction Center

5 F.3d 535 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Donnie Wayne DURRETT, Petitioner-Appellant, v. Neal BROWN, Superintendent, Clallam Bay Correction Center, Respondent-Appellee. No. 92-36683. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 12, 1993. Decided Aug. 26, 1993. Before: CANBY, WIGGINS and T.G. NELSON, Circuit Judges. 1 MEMORANDUM * RANDALL IDENTIFICATION 2 Assuming arguendo that Randall's testimony was improperly admitted and that a federal constitutional right was thereby implicated, the error did not have a "substantial and injurious effect or influence" on the jury's verdict. Brecht v. Abrahamson, --- U.S. ----, 113 S.Ct. 1710, 1713 (1993); Henry v. Estelle, No. 91-55691, slip op. at 5083 n. 2 (9th Cir. May 18, 1993). 3 The victim had more than forty-five minutes in which to view her attackers. She picked Durrett out of the lineup without hesitation and even noted the change in his appearance from shaving his sideburns and…