eyewitness identification instruction (Maryland) · Go Syfert
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eyewitness identification instruction in Maryland

6 Maryland opinions name it 2 courts 1997–2019 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.

Followed or applied (2)

CaseFollowedCited
Gunning v. Stategreen
md · 1997 · cited in 3 Maryland opinions naming this issue, 2008–2019
2 sentences

2008Noting that courts in other jurisdictions were split as to whether an eyewitness identification instruction should be mandatory, we adopted the approach that left the decision “within the sound discretion of the trial court.” Id. at 345 , 701 A.2d at 380 .

2008Noting that courts in other jurisdictions were split as to whether an eyewitness identification instruction should be mandatory, we adopted the approach that left the decision “within the sound discretion of the trial court.” Id. at 345 , 701 A.2d at 380 .

13
State v. Cromedygreen
nj · 1999 · cited in 1 Maryland opinions naming this issue, 2004–2004
2 sentences

2004Cromedy, 727 A.2d at 465 ("It is well established in this State that when identification is a critical issue in the case, the trial court is obligated to give the jury a discrete and specific instruction that provides appropriate guidelines to focus the jury's attention on how to analyze and consider the trustworthiness of eyewitness identification.").

2004Cromedy, 727 A.2d at 465 (“It is well established in this State that when identification is a critical issue in the case, the trial court is obligated to give the jury a discrete and specific instruction that provides appropriate guidelines to focus the jury’s attention on how to analyze and consider the trustworthiness of eyewitness identification.”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Smith v. State green
mdctspecapp · 2004
2 sentences

2006There was no division among the judges of this Court, however, with regard to the requested instruction that addressed cross-racial identification: all three judges agreed that it was within the discretion of the trial court to refuse to give Chief Judge Bazelon’s Telfaire instruction. 158 Md.App. at 696, 857 A.2d 1198 (Eyler, James, J.: “Under the holding of Giunning, that the giving of an eyewitness identification instruction lies within the discretion of the trial court, it necessarily follows that the giving of the instruction at issue in this case lies within the trial court’s discretion.

2006There was no division among the judges of this Court, however, with regard to the requested instruction that addressed cross-racial identification: all three judges agreed that it was within the discretion of the trial court to refuse to give Chief Judge Bazelon’s Telfaire instruction. 158 Md.App. at 696, 857 A.2d 1198 (Eyler, James, J.: “Under the holding of Giunning, that the giving of an eyewitness identification instruction lies within the discretion of the trial court, it necessarily follows that the giving of the instruction at issue in this case lies within the trial court’s discretion.

12006–2006
United States v. Melvin Telfaire green
cadc · 1972
2 sentences

1997United States v. Telfaire, 469 F.2d 552, 556 , 152 U.S.App.

1997United States v. Telfaire, 469 F.2d 552, 556 , 152 U.S.App.

11997–1997

Where else courts name it

KS 11 (1994–2020) CA 11 (2013–2022) OH 6 (2013–2024) MD 6 (1997–2019) HI 5 (2012–2022) MA 5 (2013–2023) IA 4 (2017–2020) UT 2 (1987–2026) WA 2 (2013–2021) AK 2 (2016–2022) NJ 2 (2021–2026) CO 2 (1979–1985)

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.

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