State of Arizona v. Sergio Arturo Rojo-Valenzuela

Justice BERCH,

opinion of the Court.

¶ 1 An inherently suggestive one-person show-up identification procedure implicates due process, but such an identification is nevertheless admissible at trial if it is sufficiently reliable. State v. Williams, 144 Ariz. 433, 439-40, 698 P.2d 678, 684-85 (1985). We must decide whether an appellate court may make a reliability determination in the first instance when the trial court has failed to do so. We conclude that although the trial court should make reliability findings before identification evidence is presented to a jury, an appellate court may make…