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“The admission of pretrial identification evidence violates due process if the procedure ‘was so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification.’” -84 (Minn. App. 2008) (quoting Simmons v. United States, 390 U.S. 377, 384 (1968)).

“District courts have considerable latitude when choosing jury instructions” and “the instructions, viewed as a whole, must accurately state the law.” d 79, 86 (Minn. App. 2008).

It is preferable to show a witness images of different individuals because “too few viable identification options unfairly suggests who the witness should identify.”

“The admission of pretrial identification evidence violates due process if the procedure ‘was so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification.’” d 79, 83-84 (Minn. App. 2008) (quoting Simmons v. United States , 390 U.S. 377, 384 (1968)).

The admission of pretrial identification evidence implicates a defendant’s right to due process if the identification procedure was “unnecessarily suggestive” so as to give rise to “a substantial likelihood of irreparable misidentification.” - 84 (Minn. App. 2008).

“The admission of pretrial identification evidence violates due process if the procedure was so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification.” -84 (Minn. App. 2008) (quotation omitted).

“The 27 admission of pretrial identification evidence violates due process if the procedure ‘was so impermissibly suggestive as to give rise to a very substantial like lihood of irreparable misidentification.’” State v. Hooks , -84 (Mi nn.

However, “we review de novo w hether a defendant has been denied due process.” State v. Hooks , (citing Spann v. State , ).

Admission of identification evidence “violates due process if the procedure was so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification.” 3-84 (Minn. App. 2008) (quotation omitted).

The admission of pretrial identification evidence violates due process if the procedure “was so impermissibly suggestive as to give rise to a very substantial likelihood of irreparable misidentification.” -84 (Minn. App. 2008).

d 79, 83-84 (Minn. 2008).

1 “Jury nullification, also called jury lenity, is the extraordinary power of the jury to issue a not-guilty verdict even if the law as applie d to the proven facts establishes that the defendant is guilty.”

12 This recognition acknowledges the jury’s “lenity” or “nullification” authority, which is its “raw power to bring in a verdict of acquittal in the teeth of the law and the facts.” (explaining “the extraordinary power of the jury to issue a not-guilty verdict even if the law as applied to the proven facts establishes that the defendant is guilty”).

Or the jury could have exercised jury lenity, “the extraordinary power of the jury to issue a not-guilty verdict even if the law as applied to the proven facts establishes that the defendant is guilty.”