NHBA - Perry Vs State

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Conviction Affirmed in Barion Perry v. NH

Attorney General's appellate team that worked on the respondent's brief (left to right: Senior Assistant Attorney General Sue McGinnis, Attorney General Michael Delaney, Assistant Attorney General Tom Bocian, and Deputy Attorney General Ann Rice.

Richard Guerriero, left of the Public Defender's Office, pictured after the argument with Attorney General Michael Delaney.

On January 11, 2012, the US Supreme Court issued an 8-1 decision in Perry v. New Hampshire, rejecting the defendant’s challenge of an eyewitness identification of him at the crime scene. The high court, in its first NH criminal case since the 1971 Coolidge case, affirmed Perry’s conviction for breaking into a car on August 15, 2008.

United States Supreme Court opinion (42-page PDF)

Audio

• LISTEN to the oral argument

Court Filings

• Respondents' brief: Barion Perry v. State of New Hampshire, 9/19/11

• Briefs for the Petitioner by NH Public Defender and amicus parties (also pleadings and rulings before cert was granted)

Amicus briefs in support of the Respondent

• State of Louisiana, 28 other states and Guam, 9/23/11

• Criminal Justice Legal Foundation, 9/11

• Solicitor General of United States, 9/11

• National District Attorneys Association, 9/23/11

News/Commentary

• NH Attorney General Hails Perry Decision, 1/12/12

• High Court Sides With Police, AG 8-1, Bloomberg Businessweek, 1/12/12

• High Tension at the High Court, Bar News, 11/18/11

• Perry v. NH Argument Transcript, 11/2/11

• Justices Seem Uninclined to Discredit Eyewitness Testimony, SCOTUSblog, 11/2/11

• Justices Weigh Judges’ Duties to Assess Reliability of Eyewitness Testimony, NY Times, 11/2/11

• Supreme Court considers when judges can exclude eyewitness testimony in criminal trials, Washington Post, 11/2/11

• Supreme Court Looks At Unreliable Eyewitness IDs And Appears To Blink, Huffington Post, 11/2/11

• Perry v. NH Argued at High Court, Slate.com, 11/2/11

• High Court to Hear NH Eyewitness ID Case, Bar News, 10/14/11

• Health Care Reform Could Dominate Supreme Court Term, Hear & Now, WBUR, 9/28/11
Cases on the docket for the upcoming Supreme Court term, including Barion Perry vs. State of New Hampshire, are discussed in this podcast (the Perry discussion begins at approx. 3:35).

• Experts: Court Case Impact Negligible, Times Record Online, 9/6/11

• US Supreme Court Accepts NH Criminal Case, Bar News, 6/17/11

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