California, United States of America
The following excerpt is from People v. Martone, B270643 (Cal. App. 2017):
Moreover, there must be a 'substantial likelihood of irreparable misidentification' under the '"'totality of the circumstances'"' to warrant reversal of a conviction on this ground." (People v. Cunningham (2001) 25 Cal.4th 926, 989-990; see also People v. Clark (2016) 63 Cal.4th 522, 556-558.) "A claim that an identification procedure was unduly suggestive raises a mixed question of law and fact to which we apply a standard of independent review, although we review the determination of historical facts regarding the procedure under a deferential standard." (People v. Clark, supra, 63 Cal.4th at pp. 556-557.)
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