People v. Farley

In People v. Farley (1979) 90 Cal.App.3d 851, defense counsel moved to suppress an in-court identification on the ground that the pretrial lineup was impermissibly suggestive, but did not ground his motion on the contention that defendant had been involuntarily transported and detained at the police station immediately prior to being identified. ( Id., at p. 860.) Despite uncertainty as to whether a properly argued motion would have been successful, the Court of Appeal applied the new Pope standard and held that trial counsel's omissions deprived the defendant of "an adjudication of a crucial or potentially meritorious defense." ( Id., at p. 865.)