Gregory Paul JOHNSON, Petitioner-Appellant, v. Samuel SUBLETT, Respondent-Appellee

Gregory Johnson appeals pro se the District Court’s denial of his post-conviction petition under 28 U.S.C. § 2254 . An Arizona jury convicted Johnson of kidnapping, armed robbery and aggravated assault for his part in savagely beating and attempting to kill a man on the orders of his superior in the drug business. The Arizona courts upheld the conviction, and Johnson sought habeas relief. The District Court eventually denied the petition. We affirm.

Johnson argues that the in-court identification of him by his victim was tainted by impermissibly suggestive pretrial confrontations, that prosecutorial misconduct and certain evidentiary rulings rendered his trial fundamentally unfair, and that his appellate counsel’s failure to raise these issues on direct appeal constituted ineffective assistance of counsel.

I. Facts

John Matagrano and Duane Jones worked together in the illicit drug business. When Matagrano suspected Jones of cheating him, Matagrano drove Jones to a house where petitioner Johnson and Sam Carroll were waiting. After a moment alone with Johnson and Carroll, Matagrano led Jones into the house where Johnson and Carroll beat him severely with wooden clubs and…