Barion Perry v. New Hampshire — Sotomayor, J., Dissenting

Summary

Justice Sotomayor dissents, arguing that the majority’s new limitation requiring police‑arranged suggestive circumstances to trigger the due‑process exclusion of eyewitness identifications contradicts established precedent. She maintains that both intentional and unintentional suggestiveness can undermine reliability and should invoke the two‑step inquiry. Accordingly, she would vacate the judgment and remand for a proper reliability analysis.