In Richardson v. Superintendent of Mid-Orange Corr. Facility, No. 09-3655, the state's appeal from the grant of petitioner's habeas petition, the court reversed the order where the district court erred because petitioner failed to exhaust state remedies with respect to one of the identifications at issue, and the determination of the New York courts that the other identification was not unnecessarily suggestive was not contrary to, nor an unreasonable application of, clearly established federal law as determined by the U.S. Supreme Court.
As the court wrote: "Respondent, the Superintendent of Mid-Orange Correctional Facility ("the Superintendent"), appeals from a judgment of the United States District Court for the Eastern District of New York (Johnson, J.) granting Petitioner Jermaine Richardson's application for a writ of habeas corpus. The district court concluded that the New York state trial court improperly admitted testimony based on two pretrial identifications of Richardson by witness Tacius Pierre-Louis in violation of Richardson's due process rights."