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COM. v. WALKER

No. 28 EAP 2011.

92 A.3d 766 (2014)

COMMONWEALTH of Pennsylvania, Appellee v. Benjamin WALKER, Appellant.

Supreme Court of Pennsylvania.

Decided May 28, 2014.

Attorney(s) appearing for the Case

Karl Baker, Esq. , Philadelphia, for Benjamin Walker.

Nyssa E. Taylor, Esq. , Defender Association of Philadelphia, for Benjamin Walker.

Nicole Jeanne Aiken, Esq. , David Richman, Esq. , Pepper Hamilton LLP, Philadelphia, Howard D. Scher, Esq., Philadelphia, Jill Rogers Spiker, Esq. , Buchanan Ingersoll & Rooney, P.C., for The Innocence Network and The Pennsylvania Innocence Project.

Jules Epstein, Esq. , Kairys, Rudovsky, Messing & Feinberg, Philadelphia, for Pennsylvania Association of Criminal Defense Lawyers.

Eric Johnson Mahr, Esq. , Wilmer, Cutler, Pickering, Hale and Dorr, L.L.P., for American Psychological Association.

Hugh J. Burns Jr., Esq. , Philadelphia District Attorney's Office, for Commonwealth of Pennsylvania.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

OPINION

Justice TODD.

In this appeal by allowance we address the question of whether a trial court may, in its discretion, permit expert testimony in the area of eyewitness identification, and, in doing so, we reconsider our current decisional law which absolutely bans such expert testimony. For the reasons that follow, we hold that, in Pennsylvania, the admission of expert testimony regarding eyewitness identification is no longer per se impermissible...

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