Williams v. State

BATTAGLIA, Judge.

We issued a writ of certiorari in this case to decide whether the State violated Maryland Rule 4-263(a)(2)(C) by inaccurately representing in discovery that a police officer witness, who was the non-arresting surveilling officer, could not specifically identify the defendant, when at trial the officer positively identified the defendant. We conclude that the police officer’s surveillance observation, if used by the State for purposes of identification, is a pre-trial identification requiring disclosure under Maryland Rule 4-263(a)(2)(C). By failing to accurately portray the…