Hopkins v. Commonwealth

Opinion

BENTON, J.

Troy D. Hopkins appeals from his convictions for first degree murder, attempted robbery, use of a firearm in the commission of murder, and use of a firearm in the commission of attempted robbery. He challenges the trial judge’s refusal to grant a new trial based on after-discovered evidence and to exclude from evidence a witness’s identification that Hopkins contends was unduly suggestive. We reverse the convictions and remand for a new trial.

I

The evidence at trial proved that at 4:00 a.m. on July 21, 1990, Janice Talley drove Curtis Kearney in her automobile to Afton Avenue,…