P. v. Murray CA4/1
A jury convicted defendant Darryl Murray of willful cruelty to an elderly person causing great bodily injury and assault by means likely to produce great bodily injury based on an incident during which Murray struck an elderly victim on the head, with no warning, causing her to fall and hit her head on a nearby wall. On appeal, Murray contends that the trial court's admission of a suggestive single-person photographic identification of him by a witness was error and violated his due process rights. He argues that because subsequent identifications of him were tainted by this initial suggestive identification, the trial court should have excluded all of the witness's identifications of him. Murray further argues that his trial counsel rendered ineffective assistance in failing to object to the suggestive identification and to all subsequent tainted identifications, and/or in failing to call an expert witness to testify regarding the fallibility of eyewitness identifications a
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