Small v. State

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

Greene, J.

**74 *239 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 procured the identification utilizing suggestive procedures. The matter before this Court concerns such a due process reliability inquiry.

Petitioner Malik Small…