On appeal, what is the test for determining whether a pretrial identification procedure was unduly suggestive?
California, United States of America
The following excerpt is from The People v. Zamagni, B216366, No. KA085421 (Cal. App. 2010):
On appeal, we review the trial court's findings of historical fact deferentially, but "we independently review the trial court's ruling regarding whether, under those facts, a pretrial identification procedure was unduly suggestive." (People v. Gonzalez, supra, 38 Cal.4th at p. 943.)
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