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PERRY v. NEW HAMPSHIRE

Docket No.: 10-8974
Certiorari Granted: 05/31/11
Argued: November 2, 2011
Decided: 01/11/12

Topics:

Due Process, Confrontation Clause, Due Process, Fourteenth Amendment, Jury Instructions, Sixth Amendment

PartyNames: Barion Perry v. New Hampshire
Petitioner: Barion Perry
Respondent: New Hampshire

Court Below: Supreme Court of New Hampshire
Citation: NHSC 2009-0590App1
Supreme Court Docket

Barion Perry
v.
New Hampshire
Question Presented:

When a witness in a criminal case identifies a suspect out-of-court, under suggestive circumstances which give rise to a substantial likelihood of later misidentification, due process requires the trial judge to determine whether the out-of-court identification and any subsequent in-court identification are reliable before either may be admitted into evidence. Question: Do the due process protections against unreliable identification evidence apply to all identifications made under suggestive circumstances, as held by the First Circuit Court of Appeal and other federal courts of appeal, or only when the suggestive circumstances were orchestrated by the police, as held by the New Hampshire Supreme Court and other courts?

Question:

Do the Due Process protections against unreliable identification evidence apply to all identifications made under suggestive circumstances?

PERRY v. NEW HAMPSHIRE
ORAL ARGUMENT

11/02/11

Listen to Oral Argument in PERRY v. NEW HAMPSHIRE
Holding: AFFIRMED
Decision: Decision: 8 votes for New Hampshire, 1 vote(s) against
Vote: 8-1
Opinion By:
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