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Case Citations [1] (July 2021-April 2022)

handle is hein.ali/prlwplc0006 and id is 1 raw text is: PRINCIPLES OF THE LAW, POLICING (DRAFTS) CHAPTER 10. EYEWITNESS IDENTIFICATIONS § 10.01. General Principles for Eyewitness Identification Procedures N.M.2020. Quot. in sup.; Rptrs' Note cit. in sup. (citing and quoting § 10.01 and Rptrs' Note to § 10.01 of T.D. No. 2, 2019). Defendant was charged with two counts of first-degree murder based in part on a witness's photo identification of him as having been at the scene of the murders. The trial court denied defendant's motion to suppress the photo identification as well as any subsequent in-court identification and, after a jury convicted him of the murders, sentenced him to two consecutive life terms. While affirming, this court held that the Manson rule, which was the prevailing rule in federal court for determining the admissibility of eyewitness-identification evidence, did not satisfy due process under the New Mexico Constitution. The court noted that Principles of the Law, Policing § 10.01 expressed the view that the two-part Manson rule-which relegated unnecessary suggestiveness to a threshold inquiry and focused primarily on five fixed reliability factors-was untethered to any sound scientific knowledge, and called for the adoption of new, science-driven admissibility standards. State v. Martinez, 478 P.3d 880, 897, 898. § 10.02. Eyewitness Identification Procedures N.M.2020. Cit. in sup. (citing § 10.02 of T.D. No. 2, 2019). Defendant was charged with two counts of first-degree murder based in part on a witness's photo identification of him as having been at the scene of the murders. The trial court denied defendant's motion to suppress the photo identification as well as any subsequent in-court identification and, after a jury convicted him of the murders, sentenced him to two consecutive life terms. While affirming, this court held that the Manson rule, which was the prevailing rule in federal court for determining the admissibility of eyewitness-identification evidence, did not satisfy due process under the New Mexico Constitution. The court cited Principles of the Law, Policing § 10.02 in noting that a number of state legislatures had taken measures to ensure that current scientific standards were taken into account in regulating the manner in which identification procedures were administered. State v. Martinez, 478 P.3d 880, 901. COPYRIGHT ©2022 By THE AMERICAN LAW INSTITUTE All rights reserved ALI Printed in the United States of America E AMERCA A INSTITUTE For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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