Lapointe v. Commissioner of Correction

Summary

The concurrence agrees that the Appellate Court's order granting the petitioner a new criminal trial should be affirmed because the suppressed investigative note created a reasonable probability of a different trial outcome. It reasons that the trial record itself, without later social-science literature, sufficiently demonstrated weaknesses in the prosecution's case. The concurrence also limits the majority's treatment of appellate review of expert credibility determinations, emphasizing that deference remains required for demeanor-based findings.