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Trial Preparation and Identification Procedures (Part 5)

Trial Preparation and Identification Procedures (Part 5)

by Fred Sisto | Feb 1, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

Chief Justice Rabner concluded with the following in relevant part: Although the Court cautions against it, if prosecutors or investigators show witnesses the same or new photos of a defendant during trial preparation, under the belief there is good reason to do so,...
Trial Preparation and Identification Procedures (Part 5)

Trial Preparation and Identification Procedures (Part 4)

by Fred Sisto | Jan 30, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

The New Jersey Supreme Court continued in relevant part: Against the background of Henderson and persuasive case law, the Court finds no reason to treat impermissibly suggestive identification events during pretrial preparation differently than other identification...
Trial Preparation and Identification Procedures (Part 5)

Trial Preparation and Identification Procedures (Part 3)

by Fred Sisto | Jan 28, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

Chief Justice Rabner continued in relevant part: Multiple viewings of mugshots “can create a risk of ‘mugshot exposure’ and ‘mugshot commitment.’” Mugshot exposure occurs “when a witness initially views a set of photos and makes no identification, but then selects...
Trial Preparation and Identification Procedures (Part 5)

Trial Preparation and Identification Procedures (Part 2)

by Fred Sisto | Jan 26, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

The Court continued in relevant part: Finding no reason to treat impermissibly suggestive events during trial preparation differently from other suggestive identification procedures, the Court extends the relevant principles in Henderson to trial preparation sessions....
Trial Preparation and Identification Procedures (Part 5)

Trial Preparation and Identification Procedures (Part 1)

by Fred Sisto | Jan 24, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

On January 8, 2024, the New Jersey Supreme Court decided the Burlington County case of State v. Brandon Washington. The principal issue before the Court concerned the rules concerning eyewitness identification procedures as they relate to trial preparation. Chief...
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