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Bernal v. People

Citations

  • 44 P.3d 184
  • 2002 WL 408642

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that an out-of-court identification is admissible if “the totality of the circumstances does not indicate a very substantial likelihood of irreparable misidentification”
  • remanding to determine reliability when there was a six-week gap between the robbery and the photo array
  • reviewing whether a pretrial identification procedure violated the defendant’s right to due process by creating a very substantial likelihood of misidentification
  • manner of presentation is one of the factors we consider when evaluating whether a pretrial photo identification procedure was impermissibly suggestive
  • “It is important to note that these two steps must be completed separately; it is only necessary to reach the second step if the court first determines that the [procedure] was impermissibly suggestive.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Martinez, Coats, Kourlis, Rice

Read full opinion on CourtListener

Cited by

77 cases in this archive cite this case; the 20 most cited are listed.

Cites

77 cases in this archive are cited by this case; the 20 most cited are listed.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.