California, United States of America
The following excerpt is from People v. Thomas, D068052 (Cal. App. 2016):
none of the witnesses to the crime identified the defendant as the suspect at trial]; People v. Nation (1980) 26 Cal.3d 169, 174, 179-181 [noting defendant received ineffective assistance when defense counsel failed to object to identification testimony based on the "extraordinary suggestiveness" of the pretrial identification process, when three girls together went to a police station, after a man had pointed a gun at them and took one of the girls into some nearby bushes and had raped her, when one of the girls identified defendant in a mug shot as the attacker and then informed the other two of her finding, who then, after some discussion, all agreed defendant was the attacker despite the fact the victim had been considering another suspect's photograph, and when the police thereafter gave the girls only defendant's photograph to take home to show other possible witnesses].)
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