What is the test for overturning a conviction on the grounds that the identification procedure was unduly suggestive?

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.)

Other Questions


What is the burden of proving that the identification procedure was unduly suggestive and unfair? (California, United States of America)
Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
What is the burden of proving that an identification procedure was unduly suggestive and unfair? (California, United States of America)
If a police identification procedure has been unduly suggestive and unnecessary, is it unlawful? (California, United States of America)
How have courts treated claims that identification procedures were unduly suggestive? (California, United States of America)
How have courts treated claims that identification procedures were unduly suggestive? (California, United States of America)
What is the burden of proving that an identification procedure was unduly suggestive and unfair? (California, United States of America)
How have courts treated claims that identification procedures were unduly suggestive? (California, United States of America)
How have courts treated claims that identification procedures were unduly suggestive? (California, United States of America)
What is the test for establishing that an identification procedure employed here was unduly suggestive? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.