Loserth v. State

How courts have described this case

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

• holding that whether an in-court identification has been tainted.is a mixed question of law and fact that does not'turn on an evaluation of credibility and therefore is subject to de. novo review
• explaining that the relevant inquiry is whether the procedure was so impermissi-bly suggestive as to give rise “to a very substantial likelihood of irreparable mis-identification”
• holding de novo review appropriate where mixed question of law and fact did not turn on evaluation of credibility and demeanor
• holding de novo review appropriate where mixed question of law and fact did not turn on evaluation of credibility and demeanor
• explaining that the relevant inquiry is whether the procedure was so impermissibly suggestive as to give rise “to a very substantial likelihood of irreparable misidentification”
• holding de novo review appropriate where mixed question of law and fact did not turn on evaluation of credibility and demeanor

Source: CourtListener parenthetical corpus (CC0).