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SMITH v. STATE

No. 116, September Term, 2004.

880 A.2d 288 (2005)

388 Md. 468

James SMITH and Jason Mack v. STATE of Maryland.

Court of Appeals of Maryland.

August 12, 2005.

Attorney(s) appearing for the Case

Allen E. Burns, Asst. Public Defender (Nancy S. Forster, Public Defender, on brief), for petitioners.

Sarah Page Pritzlaff, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on brief), for respondent.

Argued before BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.

BATTAGLIA, J.

This case involves an attempted robbery in which a cross-racial identification1 was made by the victim of two defendants, Jason Mack and James Smith, as the perpetrators. The trial court denied defense counsel's request to argue the difficulties of cross-racial identification in closing argument and to have the jury instructed concerning the cross-racial nature of the identifications...

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