In Re Matthew S.
23 A.3d 250
Md. Ct. Spec. App.2011Background
- Officer Feldman observed a September 30, 2008 drug transaction involving Matthew S.; arrest followed on November 24, 2008.
- April 16, 2009 adjudicatory hearing; Kaan D. testified with immunity; the drug transaction and witnesses tied to the events.
- Officer Feldman identified Matt S. in court after reviewing a Quince Orchard High School 2008 yearbook photograph.
- June 30, 2009 final disposition: Matthew S. adjudicated delinquent and placed on probation.
- Appellant raises three issues on appeal: suppression of yearbook identification, immunity-disclosure/Brady issue, and hearsay evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Impermissibly suggestive yearbook identification? | Appellant argues the yearbook ID was unduly suggestive since name was provided. | State contends identification was reliable–investigative footwork not suggestive. | Not impermissibly suggestive; identification reliable. |
| Brady/disclosure of immunity to key witness? | Appellant seeks exclusion or continuance due to late immunity disclosure. | State argues disclosure timely and Brady not violated. | No Brady violation; disclosure timely and cross-examination afforded. |
| Admission of hearsay statements (Feldman and Rand)? | Hearsay statements were improperly admitted and prejudicial. | Where nonhearsay purpose or preserved objections apply, proper foundations exist. | No reversible error; Feldman testimony not preserved for review; Rand testimony admitted for nonhearsay purposes; any error harmless. |
Key Cases Cited
- Gatewood v. State, 158 Md.App. 458, 857 A.2d 590 (Md. App. 2004) (two-step test for pretrial identifications; reliability important)
- Jones v. State, 395 Md. 97, 909 A.2d 650 (Md. 2006) (photographic identifications; due process safeguards)
- Turner v. State, 184 Md. App. 175, 964 A.2d 695 (Md. App. 2009) (reliability factors for identifications (Biggers framework))
- Manson v. Brathwaite, 432 U.S. 98, 97 S. Ct. 2243, 53 L. Ed. 2d 140 (U.S. 1977) (standard for reliability of identification under totality of circumstances)
- Webster v. State, 299 Md. 607, 474 A.2d 1305 (Md. 1984) (reliability factors for identification under Maryland law)
- James v. State, 191 Md.App. 233, 991 A.2d 122 (Md. 2010) (reliability considerations for pretrial identification evidence)
- State v. Rasmussen, 225 Conn. 55, 621 A.2d 728 (Conn. 1993) (pretrial evidence and Brady-related considerations (Brady framework cited))