What is the test for making an impermissibly suggestive photographic display in a medical malpractice case?
MultiRegion, United States of America
The following excerpt is from United States ex rel. Gonzalez v. Zelker, 477 F.2d 797 (2nd Cir. 1973):
3 The court in United States v. Gambrill, supra, 1153, reached the conclusion "that an impermissibly suggestive photographic display should be considered to give rise to a very substantial likelihood of irreparable misidentification if the Government is unable to show, by clear and convincing evidence that a subsequent in-court identification is based on a source independent of the photographic display." (footnote omitted).
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