State v. Dessureault
A plain-English summary from Criminal Defense Resources™, a free resource for pro per/pro se defendants and their families.
- Decided
- Citation
- 104 Ariz. 380 (1969)
What did the court decide?
The Arizona Supreme Court held that when a defendant challenges a pretrial identification, the trial court should hold a hearing outside the jury's presence. The State must show by clear and convincing evidence that the pretrial identification was not unduly suggestive, and if it was, that any in-court identification is not tainted by it.
Why does it matter?
This is the source of the "Dessureault hearing" used in Arizona courts when an eyewitness identification is challenged.
Where can I read the full opinion?
Read the full opinion on CourtListener →
Always read the full opinion and check whether later cases have limited or changed it. A summary can leave out important details.