Many Texas courts have held that showing a witness a"photo spreadcontaining a single photograph is an impermissibly suggestive pretrial identification procedure. The court does not endorse the use of such a pretrial identification procedure. However, because there is nothing in the record to show why counsel chose not to attempt to have Guy's in-court identification suppressed in this case, appellant cannot meet the first prong of the Strickland test.
December 15, 2003 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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