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COMMONWEALTH v. JOHNSON

SJC-11567

470 Mass. 389 (2015)

COMMONWEALTH v. KENNETH JOHNSON.

Supreme Judicial Court of Massachusetts, Suffolk.

January 12, 2015.

Attorney(s) appearing for the Case

Brad P. Bennion for the defendant.

Cailin M. Campbell , Assistant District Attorney ( David S. Bradley , Assistant District Attorney, with her) for the Commonwealth.

David W. Ogden , Daniel S. Volchok , Francesco Valentini , & Natalie F.P. Gilfoyle , of the District of Columbia, & John C. Polley , for American Psychological Association & another, amici curiae, submitted a brief.

M. Chris Fabricant & Karen Newirth , of New York, Joshua D. Rogaczewski & Johnny H. Walker , of the District of Columbia, & Kevin M. Bolan , for Innocence Network, amicus curiae, submitted a brief.

Present: GANTS, C.J., SPINA, CORDY, BOTSFORD, DUFFLY, LENK, & HINES, JJ.

In Commonwealth v. Franklin, 465 Mass. 895, 912 (2013), we recognized "that eyewitness identification may be an important issue at trial even where no eyewitness made a positive identification of the defendant as the perpetrator, but where eyewitnesses have provided a physical description...

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