Commonwealth v. Sexton

OPINION OF THE COURT

NIX, Justice.

The pivotal issue in this case is whether an identification made during a certification hearing1 should be excluded because of the court’s denial of a prior request by the defense for a pre-hearing lineup. We granted the Commonwealth’s request for review to answer the difficult question as to under what circumstances, if any, an accused is entitled to a pre-hearing lineup, and the subsidiary question in the event that there are circumstances when such lineups are required upon demand, the remedy for failing to accede to such request.

The Commonwealth’s evidence…