California, United States of America
The following excerpt is from People v. Virgil, S047867 (Cal. 2011):
Second, despite defendant's bare assertions to the contrary, there is no evidence that the identification process was so unreliable as to violate due process. "In order to determine whether the admission of identification evidence violates a defendant's right to due process of law, we consider (1) whether the identification procedure was unduly suggestive and unnecessary, and, if so, (2) whether the identification itself was nevertheless reliable under the totality of the circumstances, taking into account such factors as the opportunity of the witness to view the suspect at the time of the offense, the witness's degree of attention at the time of the offense, the accuracy of his or her prior description of the suspect, the level of certainty demonstrated at the time of the identification, and the lapse of time between the offense and the identification. [Citations.]" (People v. Cunningham, supra, 25 Cal.4th at p. 989.) If the answer to the first question is "no," because we find that the challenged procedure was not unduly suggestive,
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