California Court of Appeal

Conviction of defendant for murder at retrial, following district court's grant of writ pf habeas corpus based on its findings that defendant's constitutional rights had been violated because his attorney was not present at a live line-up at which defendant was identified as the murderer, and because his attorneys failed to object to admission of the lineup and in-court identifications by the witnesses at trial, is affirmed as, the findings of the district court did not preclude the trial court from determining independently the admissibility of the in-court identification testimony of the two witnesses and there is substantial evidence to support the trial court's conclusion that the identification testimony of both witnesses had an origin independent of the illegal live lineup.

Appellate Information

• Decided 04/15/2010
• Published 04/15/2010

Judges

• MOSK, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Peter Gold, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Linda C. Johnson, Supervising Deputy Attorney General, Michael A. Katz, Deputy Attorney General, for Plaintiff and Respondent.