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TUCKER v. STATE

No. 35 September Term, 2008.

965 A.2d 900 (2009)

407 Md. 368

Dion G. TUCKER v. STATE of Maryland.

Court of Appeals of Maryland.

February 20, 2009.

Attorney(s) appearing for the Case

Ryan Corle, Assigned Public Defender (Jason L. Lichtman, Assigned Public Defender of Howrey, LLP, Washington, DC), on brief, for Petitioner.

Sarah Page Pritzlaff, Asst. Atty. Gen. (Douglas F. Gansler, Atty. Gen. of Maryland, Baltimore), on brief, for Respondent.

ARGUED BEFORE BELL, C.J., HARRELL, BATTAGLIA, GREENE, MURPHY, ADKINS and JOHN C. ELDRIDGE (Retired, specially assigned), JJ.

BATTAGLIA, Judge.

Petitioner, Dion G. Tucker, invites us to explore the application of our decision in Smith v. State, 388 Md. 468, 880 A.2d 288 (2005), to a sentence included in a cross-racial identification jury instruction. In doing so, we do not address whether such an instruction was appropriate in the case at bar, but whether, once given, the instruction was a correct statement of the law...

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