5DCA Oral Argument - 2026/01/21 - Jan 21, 2026
argument5DCA Oral Argument - 2026/01/21
California Fifth District Court of Appeal
9h 0m
8 chapters
transcribed 1 day ago
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What is the court addressing in People v. Ray Fitzgerald Green regarding eyewitness identification?
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Good morning. We will go on the record in People v. Ray Fitzgerald Green, F088-448. Would you state your appearances for the record?
Charles Benone, Jr. for appellate Ray Fitzgerald Green.
Good morning, Deputy Attorney General Caitlin Franzen from People.
Thank you. Mr. Bonneau, how much of the 15 minutes that you have requested do you wish to reserve for your reply?
I'd like to reserve five minutes.
Very well. Thank you, sir. Go ahead when you are ready.
Thank you. Good morning. May it please the court, there are or six issues in this appeal that happened to raise unsettled questions or even issues which have not been decided or where the courts have split including this question of sensory perception for firearm use, great bodily or great monetary value for the enhancement and also multiple single strike under the recent decision by the California Supreme Court in People v. Shaw. Those are all important issues. The issue that I would like to raise this morning, or address this morning, has to do with whether an eyewitness identification by means of an in-court single person show up is impermissibly suggested. The people rely on a Cal Act case, People versus Green, that is 47 years old.
It's been mentioned occasionally, but the really sweep or tidal wave of other authority has pulled us away from that position. And if we look at other state Most are recognizing that this in-court show up, where the defendant is seated next to his counsel, is impermissibly suggestive and should be subject to objection. MARTHA MINOW,
JR.: : Mr. Bonneau, did the witness identify him as the perpetrator in court?
WILLIAM BONNEAU, JR.: : Yes. She said, that's him, I'm sure. I'm certain, she said. I'm certain that's him. She kind of had to be led into it, but that's what she said. It was on redirect by the prosecutor. All
right. Well, in this case, in this particular case, who else identified him? If she identified him in court, who else did? Didn't the officer?
No. No. She was the only person that identified him as being the robber. The rest of the case was circumstantial.
Well, there was video surveillance evidence, wasn't there? There
was video surveillance, but it did not provide direct evidence of identity. She was the only source of direct evidence of identity.
Was the robber in the video?
The robber was seen, I believe, from a a bad angle. But he had a mask on. And the quality was not particularly good. I don't think anybody could... It wasn't argued that you could identify him from video. I think one of the adjoining stores had the robber did not become an item of argument in the trial. Going back to People v. Green, one thing the court in Green said, if it's anticipated that this is going to happen, I don't think it was anticipated. I don't think it was mentioned. And indeed, if the prosecution thought that she could make the identification, they would have had their own lineup. But I don't think anybody thought that she would necessarily make an identification in court.
Mr. Bono, did the defendant request A lineup, or
given the opportunity for a
lineup. Go ahead.
The defense did not request a lineup. And the prosecution was intent on making use of this eyewitness ID to the extent that they obtained a stipulation that was read to the jury during Ms. Sanchez's testimony that The defense could have asked for a line-up. Of course, both sides could have. Neither did. There was an objection. I want to address that for a moment. It was argued off the record in the hallway. Defense counsel came back. said her objection was under 352, she made a more complete argument to the jury about how suggestive this was. Well, of course, she's got to pick him out. He's the person that's sitting at counsel place next to the defense attorney. And so I think the objection was sufficient, but in addition,
If what I briefed on appeal had all been blown up at trial, the trial court judge would have been bound by the 1977 Green decision and would have denied the objection. So the objection would have been futile.
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Chapters
8 chapters
1
What is the court addressing in People v. Ray Fitzgerald Green regarding eyewitness identification?
2:33–30:41
2
How does the argument about in‑court single‑person show‑up identification and the Green precedent evolve?
30:41–1:15:03
3
Why is the bail‑forfeiture notice and statutory timing contested in this appeal?
1:15:03–5:05:44
4
What are the key disputes over the settlement agreement, staking requirements, and easement rights in the Vartanian case?
5:05:44–5:19:34
5
What procedural matters and time allocations are addressed at the beginning of the hearing?
5:19:34–5:29:12
6
How do the parties argue the medical‑malpractice and informed‑consent issues in the Shire appendectomy case?
5:29:12–6:21:12
7
What arguments are made about the use of force, baton strikes, and jury instructions in the police‑shooting case?
6:21:12–6:48:08
8
How do the appellants describe the child‑welfare, placement, and family‑finding failures in the Phoenix case?
6:48:08–8:59:37