Watson v. State

9 Citing cases

  1. In re Carl T.

    1 Cal.App.3d 344 (Cal. Ct. App. 1969)   Cited 10 times

    ( United States v. Wade, supra, 388 U.S. 218, 225, 227, 229-232, 235, 236 [18 L.Ed.2d 1149, 1156, 1157, 1159-1160, 1162]; Commonwealth v. Cooper (1969) 356 Mass. 74 [ 248 N.E.2d 253, 259]; Watson v. State (1969) 7 Md. App. 225 [ 255 A.2d 103, 108]; cf. Mason v. United States (D.C. Cir. 1969) 414 F.2d 1176, 1178.) Moreover, the United States Supreme Court in its just mentioned decisions in Simmons v. United States, supra, at pp. 382-383 [19 L.Ed.2d at pp. 1252-1253], emphasizes that an accused is entitled to counsel at any "`critical stage of the prosecution.'"

  2. Webster v. State

    299 Md. 581 (Md. 1984)   Cited 67 times
    Finding no unduly suggestive array where all the individuals depicted were "dressed identically and were reasonably similar in physiognomy and physique."

    Thereafter, the Court of Special Appeals consistently enunciated the same principles, including the principle that a per se exclusionary rule was the appropriate sanction to be applied whenever evidence was obtained at a pre-indictment lineup conducted in the absence of counsel. E.g., Billinger v. State, 9 Md. App. 628, 630, 267 A.2d 275, 276 (1970); McChan v. State, 8 Md. App. 317, 319, 264 A.2d 133, 135 (1970); Cook v. State, 8 Md. App. 243, 246-47, 259 A.2d 326, 329 (1969); Joyner v. State, 7 Md. App. 692, 698-99, 257 A.2d 444, 449 (1969); Watson v. State, 7 Md. App. 225, 234-35, 255 A.2d 103, 108 (1969); Smith v. State, 6 Md. App. 59, 64-65, 250 A.2d 285, 289, cert. denied, 254 Md. 720 (1969), cert. denied, 397 U.S. 1057, 90 S.Ct. 1402, 25 L.Ed.2d 674 (1970). Assumably, the General Assembly was aware of and acted in accordance with these decisions.

  3. Foster Forster v. State

    272 Md. 273 (Md. 1974)   Cited 34 times
    Stating that "prompt confrontations . . . will if anything promote fairness, by assuring reliability" when balancing "all the doubts left by the mysteries of human perception and recognition"

    Thereafter, and before the decision of the United States Supreme Court in Kirby v. Illinois, 406 U.S. 682, 92 S.Ct. 1877, 32 L.Ed.2d 411 (1972), the holdings in Wade-Gilbert were applied consistently in this State to pre-trial identifications without regard to whether the confrontation was post-indictment or pre-indictment. See Watson v. State, 7 Md. App. 225, 255 A.2d 103 (1969); Simon v. State, 7 Md. App. 446, 256 A.2d 348 (1969), cert. denied, 256 Md. 748 (1970); Joyner v. State, 7 Md. App. 692, 257 A.2d 444 (1969), cert. denied, 257 Md. 734 (1970); Cook v. State, 8 Md. App. 243, 259 A.2d 326 (1969); McChan v. State, 9 Md. App. 317, 264 A.2d 133, cert. denied, 258 Md. 729 (1970); Williams v. State, 11 Md. App. 607, 275 A.2d 522, cert. denied, 262 Md. 751 (1971); Vernon v. State, 12 Md. App. 430, 278 A.2d 609, cert. denied, 263 Md. 722 (1971); Davis v. State, 13 Md. App. 394, 283 A.2d 432 (1971), cert. denied, 264 Md. 746 (1972); Robinson v. State, 13 Md. App. 439, 283 A.2d 637 (1971). The issue of the applicability of Wade-Gilbert to pre-trial confrontations severely divided the state courts throughout the country; the majority adopting the reasoning of Palmer v. State, supra, and Smith v. State, supra.

  4. Mills v. State

    19 Md. App. 614 (Md. Ct. Spec. App. 1974)   Cited 3 times

    Illegality of confrontation, whether shown by the State through its evidence or by the defense, is measured by the same yardstick. The fact that the defense and not the State demonstrates that a confrontation is illegal does not excuse the confrontation. We are unable to accept the trial judge's reasoning that because the defense and not the State showed the one-on-one confrontation, that the defense was precluded from attacking it. That is not the law of Maryland. As we said in Watson v. State, 7 Md. App. 225, 255 A.2d 103 (1969), n. 1, at 236: "Manifestly, it is not the obligation of the State to put before the jury evidence of a pretrial identification. . . . The pretrial confrontation may, of course, be brought out by the accused on cross-examination of the State's witness making an in-court identification at the trial so as to show the trier of fact the circumstances under which the pretrial confrontation was held.

  5. Jackson v. State

    300 A.2d 430 (Md. Ct. Spec. App. 1973)   Cited 8 times

    Thereafter, we consistently applied the Wade-Gilbert holdings without regard to whether the confrontation was post-indictment or pre-indictment. See, for example, Watson v. State, 7 Md. App. 225; Simon v. State, 7 Md. App. 446; Joyner v. State, 7 Md. App. 692; Cook v. State, 8 Md. App. 243; McChan v. State, 9 Md. App. 317; Williams v. State, 11 Md. App. 607; Vernon v. State, 12 Md. App. 430; Davis v. State, 13 Md. App. 394; Robinson and Jones v. State, 13 Md. App. 439. After a lapse of four years we are told that what we so clearly saw in Wade and Gilbert was really not there.

  6. Billinger v. State

    9 Md. App. 628 (Md. Ct. Spec. App. 1970)   Cited 19 times
    In Billinger v. State, 9 Md. App. 628, 267 A.2d 275, cert. denied, 259 Md. 729 (1970), an accidental confrontation took place in the emergency room at a hospital where the victims of a robbery had been taken for treatment and Billinger, with a seriously cut hand, had approached a police officer about one and one-half blocks from the scene of the crime and asked that he be taken to the nearest hospital.

    Whether they were illegal under the "unnecessarily suggestive" rule as violating due process, turned on the totality of the circumstances. See Palmer v. State, supra; Smith v. State, 6 Md. App. 23; Coit v. State, 7 Md. App. 70; Wethington v. State, 7 Md. App. 79; Watson v. State, 7 Md. App. 225; Nance v. State, 7 Md. App. 433; Simon v. State, 7 Md. App. 446. The factual circumstances of the present case, however, present questions with reference to the right to counsel and the guarantee of due process of law on a confrontation between a suspect and a prospective identifying witness in a posture not heretofore considered by us.

  7. Jones v. State

    9 Md. App. 455 (Md. Ct. Spec. App. 1970)   Cited 18 times
    In Jones v. State, 9 Md. App. 455, certiorari denied, Court of Appeals of Maryland, 6 July 1970, we held flatly that the question of the admissibility of a judicial identification was not before us because it came in without objection made when it was offered, even though a motion to exclude it had been denied at a pretrial hearing.

    Id. at 69-70. See also Watson v. State, 7 Md. App. 225, 234; Bailey v. State, 6 Md. App. 496, 506. Here, in any event, evidence that the witnesses identifying appellant at trial failed to identify him at a lineup or by viewing of photographs, and did identify him at the preliminary hearing, was before the jury, adduced in part by the State and in part by appellant.

  8. Coleman v. State

    8 Md. App. 65 (Md. Ct. Spec. App. 1969)   Cited 17 times
    In Coleman v. State, 8 Md. App. 65, 75 (1969), we addressed whether a witness's "in-court identification was properly admitted as having a source independent of [a] pretrial identification."

    Although other people were in the courtroom, the only people in front of the judge were the identifying witness, several other witnesses, the police and the appellant. We said in Watson v. State, 7 Md. App. 225, 234: "[i]t is readily evident that where the police, by pre-design, arrange a one-to-one confrontation between the victim [or eyewitness] and the accused in the police station, such a circumstance, of itself, would necessarily have great bearing on the question of whether there has been a denial of the accused's Fourteenth Amendment right to due process of law." See Stovall v. Denno [ 388 U.S. 293], at page 302, where the Supreme Court noted that "The practice of showing suspects singly to persons for the purpose of identification, and not as part of a lineup, has been widely condemned.

  9. Simon v. State

    256 A.2d 348 (Md. Ct. Spec. App. 1969)   Cited 9 times

    It is true that in Smith and Samuels v. State, 6 Md. App. 59, this Court "held that the rules of Wade and Gilbert apply to pre-indictment, as well as to post-indictment lineups and to other police-initiated pretrial confrontations that are not subject to fair and meaningful review later at the trial." Watson v. State, 7 Md. App. 225. On the other hand, we held in Tyler v. State, 5 Md. App. 265, that the strictures of Wade and Gilbert are not applicable to preliminary hearings.