Smiley v. State
Annotate this CaseDefendant was charged in a seventeen-count indictment with crimes stemming from an incident in which Defendant allegedly shot at Travis Green. Defendant filed a motion to suppress Green’s identification of him, arguing that the identification was blighted by an impermissibly suggestive photographic array as a result of the elongated appearance of the other men in four of the six photographs presented to Green. The trial judge denied the motion. During trial, the trial judge admitted the recorded statement of Elmer Duffy, a witness to the shooting who was later murdered, about seeing Defendant shoot Green, even though another man had been charged for Duffy’s murder. After a trial, Defendant was convicted of attempted first degree murder and other crimes and sentenced to life imprisonment plus ten years. The Supreme Court affirmed, holding (1) the elongation of the face and torso of four of the photographs did not render the photo array impermissibly suggestive; (2) the Court’s jurisprudence provides suitable means to assay an extrajudicial eyewitness identification; and (3) Duffy’s statement was properly admitted under Md. Code Ann. Cts. & Jud. Proc. 10-901 and Maryland Rule 5-805(b)(5)(B) because there was substantial evidence connecting Defendant to Duffy’s killing.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.