What is the test for determining whether the identification procedure in a medical malpractice case was unconstitutionally suggestive?

MultiRegion, United States of America

The following excerpt is from LEWIS v. EVANS, No. CIV S-05-1136 GEB EFB P (E.D. Cal. 2011):

"On review we must consider the totality of the circumstances to determine whether the identification procedure was unconstitutionally suggestive. We must resolve all evidentiary conflicts in favor of the trial court's findings and uphold them if supported by substantial evidence. " (People v. Contreras, supra, 17 Cal. App. 4th at p. 819. )

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