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Identification and Hearsay

Under SCRE 801, prior identification by a witness is not hearsay under certain conditions. The declarant must testify at trial and be subject to cross-examination. The prior identification must actually be an identification too (i.e., reliable). How does a court determine if the witness actually identified the person?:

State v. Heyward

Also, any lineup cannot be unduly suggestive or unreliable:

State v. Heyward

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