Trial Decisions—In-Court Identification

"We apply a two-part test to determine whether an in-court identification based on a pretrial identification is admissible.  We first determine whether the pretrial identification procedure was impermissibly suggestive.  If it was, we then determine, based on the totality of the circumstances, whether the suggestive procedure created a substantial likelihood of irreparable misidentification."  State v. Lally, 2008 MT 452, ¶ 15, 348 Mont. 59, 199 P.3d 818.