What is the burden of proving that the identification procedure was suggestive, unreliable and so unfair?

California, United States of America


The following excerpt is from People v. Blount, F066744, F067069 (Cal. App. 2015):

The defendant bears the burden of demonstrating the identification procedure was suggestive, unreliable, and so unfair it violated his due process rights. (People v. DeSantis (1992) 2 Cal.4th 1198, 1222.) The defendant must show "unfairness as a demonstrable reality, not just speculation." (Ibid.) If the defendant raised and preserved

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