A. E. Slayton, Jr. v. Archie Allen Parrigan

Summary

The court held that a habeas petitioner may not raise a constitutional challenge to an allegedly suggestive pretrial identification when he had a fair opportunity to raise and litigate that issue at trial and on direct appeal, absent ineffective assistance of counsel. Because Parrigan did not present the identification issue at trial or on appeal, the habeas court erred in considering it. The court reversed, dismissed the habeas petition, and reinstated the conviction.