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On November 2, 2011, the Supreme Court heard oral argument in Perry v. New Hampshire.   The question here is whether, in a criminal case, the Constitution requires a state court to exclude identification evidence whenever the identification occurred under circumstances suggesting the guilt of the defendant, or whether exclusion is mandatory only when the suggestive circumstances were orchestrated by law enforcement officials.

To discuss the case, we have Jessie Liu, who is a partner at Jenner & Block, LLP. 

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