WASHINGTON (AP) — The Supreme Court will decide whether a witness identification of a man suspected in a break-in of a car should be thrown out.
The high court on Tuesday agreed to hear an appeal from Barion Perry, who is in prison for breaking into a car in 2008.
A woman said she saw Perry take things from the car, but only after police had him in handcuffs. She later could not pick him out of a photo lineup, and could not describe the suspect.
Perry wanted her identification thrown out because it was "unnecessarily suggestive" that he was a criminal because he was in handcuffs. The New Hampshire Supreme Court disagreed, and upheld his conviction.
The high court will review that decision.
The case is Perry v. New Hampshire, 10-8974.