BYRD v. STATE

No. 481, 2010.

25 A.3d 761 (2011)

Calvin BYRD, Defendant Below, Appellant, v. STATE of Delaware, Plaintiff Below, Appellee.

Supreme Court of Delaware.

Decided: August 11, 2011.


Attorney(s) appearing for the Case

Nicole M. Walker, Esquire , Office of the Public Defender, Wilmington, Delaware, for appellant.

Timothy J. Donovan, Jr., Esquire , Department of Justice, Wilmington, Delaware, for appellee.

Before STEELE, Chief Justice, HOLLAND, BERGER, RIDGELY, Justices, and NOBLE, Vice Chancellor, constituting the Court en Banc.


HOLLAND, Justice:

The defendant-appellant, Calvin Byrd ("Byrd"), appeals from final judgments of conviction in the Superior Court for Burglary in the Second Degree, Theft, Conspiracy in the Second Degree, Resisting Arrest and Criminal Mischief. In this direct appeal, Byrd argues that the trial judge violated his due process rights under the United States Constitution by allowing an impermissibly suggestive in-court identification of him by a police officer. We have...

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