Chief Justice RABNER delivered the opinion of the Court.
In this case, we consider whether suggestive behavior by a private party, without any state action, should be evaluated at a pretrial hearing to determine whether an eyewitness' identification may be admitted at trial.
Here, a husband suspected that his wife had been attacked by his ex-girlfriend. He showed his wife pictures of the woman to help her make an identification, and she then reviewed the photos...
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