State v. James

The opinion of the Court was delivered by

GARIBALDI, J.

This appeal concerns the scope of defendant’s Sixth Amendment right to confront a witness and defendant’s Fifth Amendment due process right to prohibit the introduction into evidence of an identification that resulted from impermissibly suggestive police procedures. Specifically, the issue is whether the trial court erred in ruling that defendant would waive his objection to the victim’s suppressed identification of him if he questioned the victim about his earlier misidentification of defendant or about his description of the perpetrator.

I