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COMMONWEALTH v. THOMAS

SJC-12055.

476 Mass. 451 (2017)

COMMONWEALTH v. MARCUS THOMAS.

Supreme Judicial Court of Massachusetts, Hampden.

February 13, 2017.

Attorney(s) appearing for the Case

Heidi M. Ohrt-Gaskill , Assistant District Attorney, for the Commonwealth.

Paul R. Rudof , Committee for Public Counsel Services, for the defendant.

The following submitted briefs for amici curiae:

David Zhang , of China, Karen A. Newirth , of New York, Joshua Asher , of Illinois, & Radha Natarajan & Kirsten Mayer for The Innocence Project, Inc. & another.

Anthony D. Mirenda , Michael J. Licker , Melissa A. Stewart , & Chauncey Wood for Massachusetts Association of Criminal Defense Lawyers.

Present: GANTS, C.J., BOTSFORD, LENK, HINES, GAZIANO, LOWY, & BUDD, JJ.

These interlocutory appeals from two rulings on motions to suppress raise three substantial issues regarding eyewitness identification. First, we consider what consequence, if any, is appropriate where a police officer who is showing a photographic array to an eyewitness fails to use the protocol that we outlined in Commonwealth<...

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