California, United States of America
The following excerpt is from People v. Garcia, 199 Cal.Rptr.3d 399, 244 Cal.App.4th 1349 (Cal. App. 2016):
"The defendant bears the burden of demonstrating the existence of an unreliable identification procedure. [Citations.] 'The question is whether anything caused defendant to "stand out" from the others in a way that would suggest the witness should select him.' [Citation.]" (People v. Cunningham (2001) 25 Cal.4th 926, 989990, 108 Cal.Rptr.2d 291, 25 P.3d 519.) "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." (Ibid .)
[199 Cal.Rptr.3d 408]
B. Curbside Lineup
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