Is In Court Identification Allowed As Evidence In Texas ?
In determining the admissibility of an in-court identification, we employ a two-step inquiry:
(1) whether the out-of-court identification procedure was impermissibly suggestive;
(2) whether that suggestive procedure gave rise to a very substantial likelihood of irreparable misidentification. See Simmons v. United States, 390 U.S. 377, 19 L. Ed. 2d 1247, 88 S. Ct. 967 (1968); see also Madden v. State, 799 S.W.2d 683, 695 (Tex. Crim. App. 1990).
An analysis under these steps requires an examination of the "totality of the circumstances" surrounding the particular case and a determination of the reliability of the identification. See Webb v. State, 760 S.W.2d 263, 269 (Tex. Crim. App. 1988); Harvey v. State, 3 S.W.3d 170, 174 (Tex. App.-Houston [14th Dist.] 1999, pet. ref'd).