In what circumstances will a defendant's trial counsel be deficient in failing to suppress the identification of a witness?

California, United States of America

The following excerpt is from People v. Diaz, H040282 (Cal. App. 2016):

In order to establish that defendant's trial counsel was deficient in failing to move to suppress the identification in this case, defendant must first establish that the identification was improperly suggestive. An identification procedure is unfair if it "suggests in advance of identification by the witness the identity of the person suspected by the police." (People v. Slutts (1968) 259 Cal.App.2d 886, 891.) Admission of

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eyewitness identification evidence may violate a defendant's constitutional due process rights if the identification procedures were "unnecessarily suggestive and conducive to irreparable mistaken identification . . . ." (Stovall v. Denno (1967) 388 U.S. 293, 302.)

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