Perry vs. New Hampshire: Case Brief

1428 Words Feb 1st, 2018 6 Pages
New Hampshire 10-8974 US (2012). This case is before the Supreme Court of the United States of America following an appeal by the defendant, Barion Perry.
Case Facts
This case revolves around; Barion Perry, the defendant, Nubia Blandon, the sole witness and New Hampshire supreme court, the appellant. In this case, Perry is incriminated and convicted after being falsely identified for breaking into a car in August, 2008.
Nubia, the main witness in this case calls Nashua, New Hampshire police department to report the case after seeing Perry, standing next to a parked car near her apartment. After responding to her call, law enforcement officers request her to point out the suspect and she positively identifies Perry. Following her identification, Perry is arrested and brought for trials at the state's local court.
Claiming that the witness wrongly identified him, Perry files a motion to suppress the identification, which he terms as "unnecessarily suggestive." He files the motion believing that the witness picked him after seeing him handcuffed by police officers and that he could not afterwards in a photo lineup or clearly describe him to the police before the arrest.
In addition, before the trial, Perry tries to suppress Blandon's identification, a step the New Hampshire trial courts rejects. The court alleges that his challenge failed at "step one", since his identification did not result from an "unnecessary suggestive" procedure…
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