What is the current state of the law on improper identification procedures in medical malpractice cases?
California, United States of America
The following excerpt is from People v. B.T. (In re B.T.), A152328 (Cal. App. 2018):
Even an unduly suggestive identification procedure does not warrant reversal absent a " 'substantial likelihood of misidentification' " under the " ' "totality of the circumstances." ' " (Manson v. Brathwaite (1977) 432 U.S. 98, 106.) "The admission of testimony concerning a suggestive and unnecessary identification procedure does not violate due process so long as the identification possesses sufficient aspects of reliability." (Ibid.)
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