Identification

Name: People v. Chavez
Case #: D069533
Opinion Date: 03/28/2018
  • Categories: Evidence, Expert Witness, Eyewitness, Identification

Summary

Single person photo identification of defendant by stabbing victim was not unduly suggestive. Chavez and others became embroiled in a physical altercation with another group of men at a restaurant while watching the World Cup soccer match. Chavez stabbed a…

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Name: People v. Garcia
Case #: D065101
Opinion Date: 02/22/2016
  • Categories: Bifurcated Proceedings, Evidence, Eyewitness, Gang Affiliation, Identification, Insufficiency/Sufficiency of, Pre-trial, Trial Proceedings

Summary

Trial court did not abuse its discretion by refusing to bifurcate trial of a gang enhancement (Pen. Code, § 186.22, subd. (b)(1)) from underlying robbery and assault with a deadly weapon charges. Garcia, Mendoza, and Guzman were charged jointly with…

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Name: Jointer v. Superior Court of Orange County
Case #: G047824
Opinion Date: 06/28/2013
  • Categories: Evidence, Extraordinary Remedies, Identification, Mandamus, Scientific Evidence, Scientific Means

Summary

Trial court abused its discretion in denying a Penal Code section 1405 motion for postconviction DNA testing because, assuming the test came back favorable for the defendant, there is a reasonable probability of a more favorable verdict. Appellant was convicted…

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Name: People v. Johnson
Case #: C055139
Opinion Date: 03/30/2010
  • Categories: Admitting/Excluding, Evidence, Identification, Interrogations & Confessions, Miranda v. Arizona, Pre-trial

Summary

De novo review of a pre-trial identification procedure using the traditional group showing and following other photo identification procedures was not so unduly suggestive as to give rise to a very substantial likelihood of irreparable misidentification. To determine if an…

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Name: People v. Shabazz
Case #: B160417
Opinion Date: 12/21/2004
  • Categories: Crimes, Crimes Against the Person, Cruel and Unusual Punishment, Enhancements, Identification, Pre-trial, Sentencing

Summary

Admission of a witness's identification of appellant from a photo array lineup was not error because the lineup was not unduly suggestive. Appellant argued that the photo array was unduly suggestive because his photo showed a much darker complexion than…

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