What is the burden of proving that there is an unreliable identification procedure?

California, United States of America


The following excerpt is from People v. Garcia, 199 Cal.Rptr.3d 399, 244 Cal.App.4th 1349 (Cal. App. 2016):

"The defendant bears the burden of demonstrating the existence of an unreliable identification procedure. [Citations.] 'The question is whether anything caused defendant to "stand out" from the others in a way that would suggest the witness should select him.' [Citation.]" (People v. Cunningham (2001) 25 Cal.4th 926, 989990, 108 Cal.Rptr.2d 291, 25 P.3d 519.) "Moreover, there must be a 'substantial likelihood of irreparable misidentification' under the ' " 'totality of the circumstances' " ' to warrant reversal of a conviction on this ground." (Ibid .)

[199 Cal.Rptr.3d 408]

B. Curbside Lineup

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