Wednesday, August 24, 2011

Supreme Court Takes Eyewitness Identification Case

The Supreme Court granted certiorari in an eyewitness identification case, Perry v. New Hampshire, No. 10-8974. The petitioner's brief states the issue thus:


Do the due process safeguards against the State’s use of unreliable eyewitness identification evidence at trial apply to all identifications which arise from impermissibly suggestive circumstances and which are very substantially likely to lead to misidentiļ¬cation, or only to those identiļ¬cations which are also the product of “improper state action”?


The American Psychological Association submitted an amicus brief.


The dynamic evidence page

Evidence marshaling software MarshalPlan

It's here: the law of evidence on Spindle Law. See also this post and this post.

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