Is there any case law that supports the argument that special knowledge of a witness as to the appearance of the witness at the time a surveillance photo was taken sufficient to support identification testimony?

California, United States of America


The following excerpt is from People v. Mixon, 129 Cal.App.3d 118, 180 Cal.Rptr. 772 (Cal. App. 1982):

State v. Jamison (1980) 93 Wash.2d 794, 613 P.2d 776, cited by appellant, is not to the contrary. That case merely held that special knowledge of a witness as to a defendant's appearance at the time a surveillance photo was taken is not in itself sufficient to support identification testimony: the jury can simply compare the photo with the defendant, who is in the jury's presence, and decide for itself the identification issue. (93 Wash.2d at p. 800, 613 P.2d at p. 779.) The court, however, continued:

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