What is the current state of the law on identification procedures in medical malpractice cases?

MultiRegion, United States of America

The following excerpt is from United States v. Al Farekh, No. 18-943-cr (2nd Cir. 2020):

39. United States v. Fernandez, 456 F.2d 638, 641-42 (2d Cir. 1972). Notably, we also noted in dictum that if there had been an 11-photo array with two photographs depicting the person who matched the witness's physical description, the identification procedure would have been permissible. See id.

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