State v. Bush

Defendant was convicted of public indecency, ORS 163.465, and appeals contending that the trial court erred in failing to suppress evidence of an impermissibly suggestive pretrial identification.

The United States Supreme Court has held that a conviction based upon an identification process which, under the totality of the circumstances, "was so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification” is violative of defendant’s right to due process. Simmons v. United States, 390 US 377, 384, 88 S Ct 967, 19 L Ed 2d 1247 (1968); see also…