The Supreme Court will decide whether a witness identification of a man suspected in a break-in of a car should be thrown out.
The high court on Tuesday agreed to hear an appeal from Barion Perry, who is in prison for breaking into a car in 2008.
A woman said she saw Perry take things from the car, but only after police had him in handcuffs. She later could not pick him out of a photo lineup, and could not describe the suspect.
Perry wanted her identification thrown out because it was "unnecessarily suggestive" that he was a criminal because he was in handcuffs. The New Hampshire Supreme Court disagreed, and upheld his conviction.