3rd and Final Claim for Motion for Rehearing/En Banc (His forehead which was not smooth like a very young child)(REALLY????)
C. The Court’s Per Curiam Denial of the Petition Overlooks that it is Fundamental Error for Appellate Counsel to Fail to Raise the Improper Out of Court and In- Court Identification. The procedures used to procure an out-of-court identification of petitioner were unduly suggestive. *In the original police report and on the 911 call, the victim stated that she would be unable to identify the…
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