· 2/11/2016
Chewing v. JP Morgan Chase Bank
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- considering “the witness’s prior familiarity with the person identified, where that person is a witness’s family member, friend, or long-time acquaintance” as a “factor” in assessing whether an identification is reliable
- \The danger of unfair prejudice arises because the accuracy of an identification tainted by suggestive circumstances is more difficult for a jury to evaluate.\
- “Even if otherwise admissible, a judge may suppress identification evidence if ‘its probative value is substantially outweighed by the danger of unfair prejudice’ ”
- “The danger of unfair prejudice arises because the accuracy of an identification tainted by suggestive circumstances is more difficult for a jury to evaluate”
- motion judge's assessment of suggestiveness of identifications without police wrongdoing under common-law principles of fairness reviewed for abuse of discretion
- in- court identification following unduly suggestive out-of-court identification permissible only if Commonwealth proves by clear and convincing evidence that it rests on independent source
Source: CourtListener parenthetical corpus (CC0).
Judges: Vaughn
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.