State v. Lawson

On appeal, defendant argues that the trial court erred in denying his motion to strike the surviving victim’s in-court identification of him because her identification was the product of unduly suggestive police procedures and was not shown to have an independent, reliable source. The state does not dispute that the process leading to the victim’s in-court identification was unduly suggestive. As concluded by the majority, that concession is well-taken. See 239 Or App at 374. However, I would hold that the state failed to meet its burden to show that there was little likelihood of *388misidentific…