IN RE: D.M.
Court of Special Appeals, Sharer, June 29, 2016,
Juvenile Restraints – Juveniles should not be shackled while appearing at juvenile court hearings, unless and until there has been a finding on the record that the juvenile poses a security concern or threat that would disrupt those particular proceedings or involve danger to the juvenile or others

No prejudice in allowing juvenile to remain shackled throughout trial, as witness had already made out-of-court identification

Out of Court Identification – Show-up ID three hours after crime was reliable where witness had previously given detailed description of suspect

Extrajudicial Identification:
– First, was the identification procedure impermissibly suggestive?
– If so, is it nevertheless reliable under the totality of the circumstances?

An out of court identification is assessed based on:
(i) the opportunity of the witness to view the criminal at the time of the crime;
(ii) the witness’ degree of attention;
(iii) the accuracy of the witness’ prior description of the criminal;
(iv) the level of certainty demonstrated by the witness at the confrontation; [and]
(v) the length of time between the crime and the confrontation.