9 Maryland opinions name it 2 courts 1998–2019 0 in the last five years
The cases below were cited by Maryland courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
O'CONNELL v. Stategreen2 sentences2019Cf. O'Connell v. State , 742 N.E.2d 943 , 948 (Ind. 2001) ("One can imagine an orchestrated prompting of a witness by means of the media."). 2019Cf. O'Connell v. State , 742 N.E.2d 943 , 948 (Ind. 2001) ("One can imagine an orchestrated prompting of a witness by means of the media."). | 3 | 3 |
Manson v. Brathwaitegreen2 sentences2019Then, in Manson , emphasizing that "reliability is the linchpin in determining the admissibility of identification testimony," 432 U.S. at 114 , 97 S.Ct. 2243 , the Supreme Court held that the courts should apply the five Biggers factors, viewed in light of the totality of the circumstances, id. at 110, 116, 97 S. Ct. 2243 . 2019Then, in Manson , emphasizing that "reliability is the linchpin in determining the admissibility of identification testimony," 432 U.S. at 114 , 97 S.Ct. 2243 , the Supreme Court held that the courts should apply the five Biggers factors, viewed in light of the totality of the circumstances, id. at 110, 116, 97 S. Ct. 2243 . | 2 | 4 |
State v. Longgreen2 sentences2019E.g. , State v. Long , 721 P.2d 483 , 491 (Utah 1986) ("A careful reading of [the Biggers factors] will show that several of the criteria listed by the Court are based on assumptions that are flatly **112 contradicted by well-respected and essentially unchallenged empirical studies."); Brodes v. State , 279 Ga. 435 , 614 S.E.2d 766 , 770 (2005) (agreeing with the Long decision and elaborating that " '[t]he scientific validity of the studies confirming the many weaknesses of eyewitness identification cannot be seriously questioned at this point' " and research " 'ha[s] taught us much about the 2019E.g. , State v. Long , 721 P.2d 483 , 491 (Utah 1986) ("A careful reading of [the Biggers factors] will show that several of the criteria listed by the Court are based on assumptions that are flatly **112 contradicted by well-respected and essentially unchallenged empirical studies."); Brodes v. State , 279 Ga. 435 , 614 S.E.2d 766 , 770 (2005) (agreeing with the Long decision and elaborating that " '[t]he scientific validity of the studies confirming the many weaknesses of eyewitness identification cannot be seriously questioned at this point' " and research " 'ha[s] taught us much about the | 2 | 2 |
Brodes v. Stategreen2 sentences2019E.g. , State v. Long , 721 P.2d 483 , 491 (Utah 1986) ("A careful reading of [the Biggers factors] will show that several of the criteria listed by the Court are based on assumptions that are flatly **112 contradicted by well-respected and essentially unchallenged empirical studies."); Brodes v. State , 279 Ga. 435 , 614 S.E.2d 766 , 770 (2005) (agreeing with the Long decision and elaborating that " '[t]he scientific validity of the studies confirming the many weaknesses of eyewitness identification cannot be seriously questioned at this point' " and research " 'ha[s] taught us much about the 2019E.g. , State v. Long , 721 P.2d 483 , 491 (Utah 1986) ("A careful reading of [the Biggers factors] will show that several of the criteria listed by the Court are based on assumptions that are flatly **112 contradicted by well-respected and essentially unchallenged empirical studies."); Brodes v. State , 279 Ga. 435 , 614 S.E.2d 766 , 770 (2005) (agreeing with the Long decision and elaborating that " '[t]he scientific validity of the studies confirming the many weaknesses of eyewitness identification cannot be seriously questioned at this point' " and research " 'ha[s] taught us much about the | 1 | 2 |
Wood v. Stategreen2 sentences2018See also Wood v. State , 196 Md. 2018See also Wood v. State , 196 Md. | 1 | 1 |
State v. McMorrisgreen2 sentences2006"The Biggers test is derived from due process considerations and is primarily based upon the need to avoid the 'very substantial likelihood of irreparable misidentification.’ ” Id. at 395 (Crooks, J., dissenting) (quoting Biggers, 409 U.S. at 197 , 93 S.Ct. at 381 , 34 L.Ed.2d 401 (quoting Simmons, 390 U.S. at 384 , 88 S.Ct. at 971 , 19 L.Ed.2d 1247 (internal citations omitted))). 2006"The Biggers test is derived from due process considerations and is primarily based upon the need to avoid the 'very substantial likelihood of irreparable misidentification.’ ” Id. at 395 (Crooks, J., dissenting) (quoting Biggers, 409 U.S. at 197 , 93 S.Ct. at 381 , 34 L.Ed.2d 401 (quoting Simmons, 390 U.S. at 384 , 88 S.Ct. at 971 , 19 L.Ed.2d 1247 (internal citations omitted))). | 1 | 1 |
State v. Bolanosgreen2 sentences1998We shall utilize the relevancy-reliability determination, taking into consideration the five Biggers factors only with respect to the reliability issue, as various other courts have done when reviewing the admissibility of identification evidence. 3 *162 In State v. Botanos, 743 S.W.2d 442, 446 (Mo.Ct.App.1987), the Missouri Court of Appeals used the Biggers factors to find a voice identification admissible. 1998We shall utilize the relevancy-reliability determination, taking into consideration the five Biggers factors only with respect to the reliability issue, as various other courts have done when reviewing the admissibility of identification evidence. 3 *162 In State v. Botanos, 743 S.W.2d 442, 446 (Mo.Ct.App.1987), the Missouri Court of Appeals used the Biggers factors to find a voice identification admissible. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State of Arizona v. Mark Goudeau
green
2 sentences2019The release of the BOLO on social media in this case was not "improper police conduct" that triggers a Biggers analysis because police did not "arrange or encourage" Ms. Perry to view the BOLO, see Goudeau , 372 P.3d at 980 ; nor was there any evidence that the police directed the BOLO toward Ms. Perry in any sort of targeted manner. 2019The release of the BOLO on social media in this case was not "improper police conduct" that triggers a Biggers analysis because police did not "arrange or encourage" Ms. Perry to view the BOLO, see Goudeau , 372 P.3d at 980 ; nor was there any evidence that the police directed the BOLO toward Ms. Perry in any sort of targeted manner. | 3 | 2019–2019 |
Perry v. New Hampshire
green
2 sentences2019For much of the intervening time, state courts across the country, including those in Maryland, have followed the reliability test announced in Biggers , refined in Manson , and, without alteration, applied **105 by the Supreme Court most recently in Perry v. New Hampshire , 565 U.S. 228 , 132 S.Ct. 716 , 181 L.Ed.2d 694 (2012). 2019For much of the intervening time, state courts across the country, including those in Maryland, have followed the reliability test announced in Biggers , refined in Manson , and, without alteration, applied **105 by the Supreme Court most recently in Perry v. New Hampshire , 565 U.S. 228 , 132 S.Ct. 716 , 181 L.Ed.2d 694 (2012). | 2 | 2019–2019 |
United States v. Deshawn Greene
green
2 sentences2019In addition to the five Biggers 19 reliability *247 factors, the suppression court may find that the factors identified in Henderson , many of which overlap with the Biggers factors, and other factors are relevant to the court's evaluation. 20 See, e.g. , United States v. Greene , 704 F.3d 298 , 308-10 (4th Cir. 2013) (applying the Henderson variables in conjunction with the five Biggers factors). 2019In addition to the five Biggers 19 reliability *247 factors, the suppression court may find that the factors identified in Henderson , many of which overlap with the Biggers factors, and other factors are relevant to the court's evaluation. 20 See, e.g. , United States v. Greene , 704 F.3d 298 , 308-10 (4th Cir. 2013) (applying the Henderson variables in conjunction with the five Biggers factors). | 2 | 2019–2019 |
Neil v. Biggers
green
2 sentences2019Thus, we find no basis for discerning a legislative intent to dismantle our long-standing due process jurisprudence. 19 409 U.S. 188 , 93 S. Ct. 375 , 34 L.Ed.2d 401 (1972). 15 in Henderson, many of which overlap with the Biggers factors, and other factors are relevant to the court’s evaluation.20 See, e.g., United States v. Greene, 704 F.3d 298 , 308- 10 (4th Cir. 2013) (applying the Henderson variables in conjunction with the five Biggers factors). 2019Thus, we find no basis for discerning a legislative intent to dismantle our long-standing due process jurisprudence. 19 409 U.S. 188 , 93 S. Ct. 375 , 34 L.Ed.2d 401 (1972). 15 in Henderson, many of which overlap with the Biggers factors, and other factors are relevant to the court’s evaluation.20 See, e.g., United States v. Greene, 704 F.3d 298 , 308- 10 (4th Cir. 2013) (applying the Henderson variables in conjunction with the five Biggers factors). | 2 | 2006–2019 |
Turner v. State
green
2 sentences2010In Turner, supra, 184 Md.App. at 183 , 964 A.2d 695 , we noted that the Supreme Court, in Manson v. Brathwaite, supra, 432 U.S. at 113 , 97 S.Ct. 2243 , “place[d] an unmistakable seal of approval” on Biggers , and “g[a]ve the Biggers test unchallenged authoritative legitimacy.” As a consequence, we observed, 184 Md.App. at 184 , 964 A.2d 695 : It is only where there is “a very substantial likelihood of irreparable misidentification,” to wit, a situation where the identification could not be found to be reliable, that exclusion would be warranted. 2010In Turner, supra, 184 Md.App. at 183 , 964 A.2d 695 , we noted that the Supreme Court, in Manson v. Brathwaite, supra, 432 U.S. at 113 , 97 S.Ct. 2243 , “place[d] an unmistakable seal of approval” on Biggers , and “g[a]ve the Biggers test unchallenged authoritative legitimacy.” As a consequence, we observed, 184 Md.App. at 184 , 964 A.2d 695 : It is only where there is “a very substantial likelihood of irreparable misidentification,” to wit, a situation where the identification could not be found to be reliable, that exclusion would be warranted. | 1 | 2010–2010 |
Simmons v. United States
green
2 sentences2006"The Biggers test is derived from due process considerations and is primarily based upon the need to avoid the 'very substantial likelihood of irreparable misidentification.’ ” Id. at 395 (Crooks, J., dissenting) (quoting Biggers, 409 U.S. at 197 , 93 S.Ct. at 381 , 34 L.Ed.2d 401 (quoting Simmons, 390 U.S. at 384 , 88 S.Ct. at 971 , 19 L.Ed.2d 1247 (internal citations omitted))). 2006"The Biggers test is derived from due process considerations and is primarily based upon the need to avoid the 'very substantial likelihood of irreparable misidentification.’ ” Id. at 395 (Crooks, J., dissenting) (quoting Biggers, 409 U.S. at 197 , 93 S.Ct. at 381 , 34 L.Ed.2d 401 (quoting Simmons, 390 U.S. at 384 , 88 S.Ct. at 971 , 19 L.Ed.2d 1247 (internal citations omitted))). | 1 | 2006–2006 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.