Is a defendant's right to due process violated when evidence of a witness's identification of that defendant is admitted?
California, United States of America
The following excerpt is from People v. Vaughn, B277941 (Cal. App. 2018):
A defendant's right to due process is violated when a court admits evidence of a witness's identification of that defendant if (1) "'"the identification procedure was unduly suggestive and unnecessary"'" and, if so, (2) "'"the identification itself was [not otherwise] reliable under the totality of the circumstances."' [Citation.]" (People v. Clark (2016) 63 Cal.4th 522, 556.)
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