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COMMONWEALTH v. JOHNSON

No. SJC-11876.

473 Mass. 594 (2016)

COMMONWEALTH vs. KYLE L. JOHNSON.

Supreme Judicial Court of Massachusetts.

February 12, 2016.

Attorney(s) appearing for the Case

Carolyn A. Burbine , Assistant District Attorney, for the Commonwealth.

Edward Crane for the defendant.

Karen A. Newirth , James L. Brochin , & Jennifer H. Wu , of New York, & R.J. Cinquegrana , for The Innocence Project & another, amici curiae, submitted a brief.

Lisa Kavanaugh , Benjamin H. Keehn , Patrick Levin , Radha Natarajan , & Paul R. Rudof , Committee for Public Counsel Services, & David Lewis , for Committee for Public Counsel Services & another, amici curiae, submitted a brief.

Present: Gants, C.J., Spina, Cordy, Botsford, Duffly, Lenk, & Hines, JJ.

The issue presented in this case is whether the motion judge, applying the common-law principles of fairness in Commonwealth v. Jones, 423 Mass. 99, 109 (1996), committed an abuse of discretion in allowing the defendant's motion to suppress the victim's identifications...

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