Commonwealth v. Hawkins

Opinion

WILLIS, J.

In this case, we consider the scope of the right of appeal afforded the Commonwealth by Code § 19.2-398(2).

The defendant, Ronald Edward Hawkins, was charged with murder. He filed a motion to suppress the testimony of Larry Richardson, who identified him as the assailant, on the ground that Richardson had been subjected by the police to an identification procedure which violated the defendant’s constitutional due process rights. Finding that the procedure employed was impermissibly suggestive and gave rise to a substantial likelihood of misidentification, the trial court held…