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STATE v. JONES

A-112 September Term 2013, 073827

128 A.3d 1096 (2016)

224 N.J. 70

STATE of New Jersey, Plaintiff-Respondent, v. Howard JONES, Defendant-Appellant.

Supreme Court of New Jersey.

Decided January 20, 2016.

Attorney(s) appearing for the Case

Stephen P. Hunter, Assistant Deputy Public Defender, argued the cause for appellant (Joseph E. Krakora, Public Defender, attorney).

Deborah C. Bartolomey, Deputy Attorney General argued the cause for respondent (John J. Hoffman, Acting Attorney General of New Jersey, attorney).

Lawrence S. Lustberg argued the cause for amicus curiae American Civil Liberties Union of New Jersey (Gibbons, attorneys; Mr. Lustberg, Newark, and Joseph A. Pace, on the letter brief).

In determining the reliability of evidence obtained through a suggestive showup identification procedure, extrinsic evidence of guilt should play no role in the determination of the evidence's admissibility. An analysis that considers evidence of guilt is no substitute for a proper assessment...

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