Please ensure Javascript is enabled for purposes of website accessibility

MACK S. GALLOWAY v. STATE OF MARYLAND

MACK S. GALLOWAY v. STATE OF MARYLAND

Listen to this article

Criminal procedure — Jury instruction — Cross-racial identification

After the State tried Mack S. Galloway, appellant, for armed robbery and thirtythree related charges, a jury in the Circuit Court for Anne Arundel County convicted him of a single charge, theft of property valued under $1,000.1 Challenging that conviction, appellant presents four questions for our review:

1. Did the trial court abuse its discretion when it refused to allow [appellant]’s expert witness on eyewitness identification to testify via Skype at a pre-trial motions hearing, and did the trial court thereafter abuse its discretion when it ruled that [appellant]’s expert witness on eyewitness identification could not testify at trial?

2. Did the trial court abuse its discretion when it refused to give a jury instruction on cross-racial identification?

3. Did the trial court err and/or abuse its discretion when it refused to allow defense counsel to introduce a prior consistent statement?

4. Did the trial court abuse its discretion when it permitted the State to make prejudicial remarks in closing argument?

Read the opinion here: