SMALL v. STATE

No. 19, Sept. Term, 2018.

211 A.3d 236 (2019)

464 Md. 68

Malik SMALL v. STATE of Maryland.

Court of Appeals of Maryland.

June 24, 2019.


Attorney(s) appearing for the Case

Argued by Ava V. Baker , Assigned Public Defender (Williams & Connolly, LLP, Washington, DC; Paul B. DeWolfe , Public Defender of Maryland, Baltimore, MD), on brief, for Petitioner.

Mark Murphy, Esquire , Steptoe & Johnson, LLP, 1330 Connecticut Avenue, NW, Washington, DC 20036, James L. Brochin, Esquire , Brochin Law PLLC, 299 Park Avenue, 16th Fl., New York, NY 10171, Richard C. Tarlowe, Esquire , Marques S. Tracy, Esquire , Johan E. Tatoy, Esquire , Paul, Weiss, Rifkind, Wharton & Garrison LLP, 1285 Avenue of the Americas, New York, NY 10019, for Amici Curiae Brief for the Innocence Project, Inc. and The University of Baltimore Innoncence Project Clinic In Support of Petitioner.

Argued by Virginia D. Hovermill , Asst. Atty. Gen. ( Brian E. Frosh , Atty. Gen. of Maryland, Baltimore, MD), on brief, for Respondent.

Argued before: Barbera, C.J. Greene, Adkins, McDonald, Watts, Hotten, Getty, JJ.


Ordinarily, the reliability of relevant evidence is a matter committed to the province of the jury. There may, however, be a reliability question concerning evidence of eyewitness identifications challenged on due process grounds. In such cases, the court will review an identification's reliability in the first instance if law enforcement...

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