Traynham v. State

Oswald Traynham v. State of Maryland, No. 2687, September Term, 2018, Opinion by Adkins, J. EVIDENCE – HEARSAY – PRIOR IDENTIFICATION EXCEPTION – PHOTO ARRAY PROCEDURES Maryland Rule 5-802.1(c) creates an exception to the rule against hearsay for statements of identification of a person made after perceiving the person. Because the witness’s statements during a photo array procedure were not positive identifications, they are hearsay. CRIMINAL LAW – HARMLESS AND REVERSIBLE ERROR – HEARSAY Erroneous admission of hearsay evidence was not harmless. DUE PROCESS – IDENTIFICATION – IMPROPER POLICE…