TEGOSEAK v. State

BOLGER, Judge,

concurring.

The research cited in the lead opinion suggests that we should consider changes to the test we currently use to determine whether a photo lineup procedure satisfies due process of law. But I choose to withhold my opinion on this issue until both parties have the opportunity to submit their positions on the relevant research either through an eviden-tiary hearing or adversarial briefing. This occasion will more likely arise in a case where the research is essential to the outcome. In the present case, I agree with the conclusion of the lead opinion: Any error in the photo lineup procedure was harmless beyond a reasonable doubt.