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Appeals court considers whether prosecutor's courtroom question impermissibly suggested in-court ID in Commonwealth v. Corbit
Summary
In Commonwealth v. Corbit, the panel considered whether a prosecutor's follow-up question during testimony improperly suggested an in-court identification, raising Creekton/Creighton familiarity concerns and whether any error created a substantial risk of a miscarriage of justice.
The Appeals Court heard argument over whether a prosecutor's in-court follow-up question impermissibly guided a witness to identify the defendant, raising Creighton-line concerns about suggestive in-court identifications.
Defense counsel Adrianna Contrecci argued the prosecutor's exchange with the victim — asking whether the defendant "have a tie or another collar on him?" after the witness initially said the perpetrator was in a…
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