the defendant’s only link to the crime is eyewitness identification. Subsequent to our decisions in Davis and Randle, studies have shown the primary cause for the conviction of innocent people in our criminal justice system is mistaken eyewitness identification. Gary L. Wells, Eyewitness Identification Evidence: Science and Reform, 29 Champion 12 (2005). DNA exoneration ca subsequently litigate whether an identification made as part of such a deposition should be admitted because it was reliable, as required by the second part of the test set forth in Neil. Judicial resources can be preserved by avoiding a situation that will likely create an impermissibly suggestive procedure and result in an inadmissible identification. See United States v. Brown, 699 F.2d 585, 594 (2d Cir.1983) (<HOLDING>). Rule 2.13(1) was implemented to protect a
holding defendant waived right to challenge incourt identification when he admitted guilt at punishment phase of trial holding that trial court erred when it admitted outofcourt identification of defendant when the witness who made the identification was never asked about defendants identity at trial holding an incourt identification made with the defendant sitting next to his attorney at the counsels table is so clearly suggestive as to be impermissible holding when the defendant timely objected to an incourt identification by an eyewitness the trial judge should have directed the government to provide an outofcourt lineup or other protective procedure to avoid an impermissibly suggestive incourt identification holding that witness had an independent basis to support incourt identification where the description made prior to any pretrial identification was substantially an accurate description of the defendant