What is the current state of the law on pre-trial identification by photograph?

Photographic procedures which emphasize the focus upon a single individual increase the danger of misidentification. Simmons v. United States, 390 U.S. at 382-83, 88 S.Ct. at 970. United States v. Hanigan, 681 F.2d 1127, 1133 (9th Cir.1982), cert. denied, 459 U.S. 1203, 103 S.Ct. 1189, 75 L.Ed.2d 435 (1983). The repeated showing of the picture of an individual, for example, reinforces the image of the photograph in the mind of the viewer. Simmons v. United States, 390 U.S. at 383, 88 S.Ct. at 970. Thus, we have held that "[c]onvictions based on in-court identifications following a pre-trial identification by photograph will be set aside where the photographic identification procedure was so impermissibly suggestive as to give use to a substantial likelihood of misidentification." United States v. Barrett, 703 F.2d 1076, 1084 (9th Cir.1983).