What is the burden of proving that the identification procedure was unduly suggestive and unfair?
California, United States of America
The following excerpt is from People v. Williams, D066230 (Cal. App. 2015):
A defendant "'has the burden of showing that the identification procedure was unduly suggestive and unfair "as a demonstrable reality, not just speculation." [Citation.] . . . . [] . . . '[A]n identification procedure is considered suggestive if it "caused defendant to 'stand out' from the others in a way that would suggest the witness should select him." [Citation.]' [Citation.]" (People v. Johnson (2010) 183 Cal.App.4th 253, 271-272.)
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