Smith v. State

Dissenting Opinion by

HARRELL, J.

which WILNER and GREENE, JJ., Join.

The basis upon which the majority here faults the trial judge is that she abused her discretion when she limited the scope of defense counsel’s closing to preclude arguing an alleged generalized difficulty inhering in cross-racial eyewitness identification situations due to own-race bias. For a number of reasons, I respectfully dissent. I would affirm the judgment of the Court of Special Appeals and the Circuit Court for Baltimore City.

I

A

Although the majority opinion sufficiently summed up the accepted principles regarding the…