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COMMONWEALTH v. MARTIN

447 Mass. 274 (2006)

COMMONWEALTH v. EDWARD B. MARTIN.

Supreme Judicial Court of Massachusetts, Barnstable.

July 19, 2006.

Attorney(s) appearing for the Case

J. Thomas Kirkman, Assistant District Attorney, for the Commonwealth.

Edward J. DeAngelo for the defendant.

David M. Skeels, Committee for Public Counsel Services, for Committee for Public Counsel Services, amicus curiae, submitted a brief.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.

COWIN, J.

This case requires the court to apply the principles applicable to one-on-one identifications to determine whether the defendant has proved that the showup here was "so unnecessarily suggestive and conducive to irreparable mistaken identification" as to deny him due process of law. Commonwealth v. Venios, 378 Mass. 24, 27 (1979), quoting Stovall v. Denno, 388 U.S. 293

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