State and federal courts have split in answering a profoundly important question: whether the Due Process Clause imposes any limitations on in-court eyewitness identifications made under suggestive circumstances, where there is strong reason to doubt the reliability of the identification. On behalf of the National Association of Criminal Defense Lawyers, Kaplan Hecker and Fink has filed an amicus brief asking the United States Supreme Court to resolve that split by granting a petition for certiorari in Garner v. Colorado. This amicus brief explains that the split in judicial authority is deep and intractable, and that there is a compelling need for due process checks on suggestive in-court eyewitness identifications.
Read the Amicus Brief here.