Jose Able Fierro v. Roger Crist Attorney General of the State of Arizona

39 F.3d 1186 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Jose Able FIERRO, Petitioner-Appellant, v. Roger CRIST; Attorney General of the State of Arizona, Respondents-Appellees. No. 93-16058. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 4, 1994. Decided Oct. 28, 1994. Before: SKOPIL, SCHROEDER and RYMER, Circuit Judges. 1 MEMORANDUM * 2 Jose Able Fierro appeals the district court's denial of his 28 U.S.C. Sec. 2254 habeas corpus petition challenging his convictions for first-degree murder and first-degree burglary. Fierro argues that a witness's in-court identification should have been excluded because it was tainted by an uncounseled, impermissibly suggestive pretrial identification procedure. He further argues that the admission of evidence concerning an earlier burglary violated his due process rights. We affirm. 3 * We do not decide whether Manross's in-court identification had an independent source and was sufficiently reliable, because…