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Commonwealth v. Vitello

Citations

  • 381 N.E.2d 582
  • 376 Mass. 426
  • 1978 Mass. LEXIS 1131

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that where constitutionally permissible, full probative value is to be given to an extrajudicial identification, even if the witness who identified the defendant outside of court failed to do so in court
  • holding that where constitutionally permissible, full probative value is to be given to an extrajudicial identification, even if the witness who identified the defendant outside of court failed to do so in court
  • following Nassar but holding that officer could properly testify that photograph chosen by witness depicted defendant because defendant’s appearance had changed since time of robbery
  • \extrajudicial identification may be used substantively even when the witness is unable or unwilling to make an in-court identification\ [emphasis supplied]
  • “extrajudicial identification may be used substantively even when the witness is unable or unwilling to make an in-court identification” [emphasis supplied]
  • defendant had lost twenty-five pounds since photograph was taken, and officer had known defendant for long time and seen him often

Source: CourtListener parenthetical corpus (CC0).

Judges: Hennessey, Quirico, Braucher, Kaplan, Wilkins, Liacos, Abrams

Read full opinion on CourtListener

Cited by

99 cases in this archive cite this case; the 20 most cited are listed.

Cites

65 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced 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.