Legal Opinion

Small v. State

Court of Appeals of Maryland

Decided June 24, 2019No. 19/18Published

1Opinion of the Court

Malik Small v. State of Maryland, No. 19, September Term, 2018. Opinion by Greene, J. CRIMINAL LAW – CRIMINAL PROCEDURE – EYEWITNESS IDENTIFICATION – PHOTO ARRAY The Court of Appeals reviewed the long-standing Manson-Jones framework, which is the proper test for assessing the admissibility of evidence of an extrajudicial identification procedure that is challenged on due process grounds. Applying the Manson-Jones test to the present case, the Court determined that the second of two photo array identification procedures, through which the victim identified Petitioner in a photo as the…

2Cases cited42 opinions

  1. United States v. WadeSupreme Court of the United States · 1967
  2. Simmons v. United StatesSupreme Court of the United States · 1968
  3. Neil v. BiggersSupreme Court of the United States · 1972
  4. Manson v. BrathwaiteSupreme Court of the United States · 1977
  5. Foster v. CaliforniaSupreme Court of the United States · 1969

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