What is the test for a defendant to stand out from the other defendants in a witness box?
California, United States of America
The following excerpt is from People v. Davidson, A152777 (Cal. App. 2019):
defendant to 'stand out' from the others in a way that would suggest the witness should select him [or her]." ' " (Id. at p. 237.) If "we find that the challenged procedure was not unduly suggestive, our inquiry into the due process claim ends." (People v. Virgil (2011) 51 Cal.4th 1210, 1256.)
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