Identification by an eyewitness is notoriously unreliable and yet has a powerful influence on jurors. Testimony that has been intentionally influenced by the police or prosecutor may be barred, but what if the circumstances surrounding the identification were suggestive, but unintended?
The case is Perry v. New Hampshire. The witness identified Barion Perry as a “tall black man” she saw standing next to a police officer in a dark parking lot, and Perry was convicted of theft based partly on her testimony.
Richard Guerrierro, arguing for petitioner Perry, is pictured above as Scalia asks, “Why is unreliable eyewitness identification any different from unreliable anything else? So shouldn’t we look at every instance of evidence introduced in criminal cases to see if it was reliable or not?”
HuffPost’s Mike Sacks does a great job of reporting it here.