STATE of New Jersey, Plaintiff-Respondent,
v.
Brandon M. WASHINGTON, Defendant-Appellant.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued September 26, 2023.
Decided January 8, 2024.
Attorney(s) appearing for the Case
Robin Kay Lord argued the cause for appellant (Law Offices of Robin Kay Lord, attorneys; Robin Kay Lord, Trenton, and Monika Mastellone, on the briefs).
Nicole Handy, Assistant Prosecutor, argued the cause for respondent (LaChia L. Bradshaw, Burlington County Prosecutor, attorney; Nicole Handy, of counsel and on the briefs).
Stefan Van Jura, Assistant Deputy Public Defender, argued the cause for amicus curiae Public Defender of New Jersey (Joseph E. Krakora, Public Defender, attorney; Stefan Van Jura, of counsel and on the brief).
Adam D. Klein, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Matthew J. Platkin, Attorney General, attorney; Lauren Bonfiglio, Deputy Attorney General, of counsel and on the brief).
Ian S. Marx argued the cause for amici curiae American Civil Liberties Union of New Jersey and The Innocence Project (Greenberg Traurig, American Civil Liberties Union of New Jersey Foundation, and The Innocence Project, Inc., attorneys; Ian S. Marx, Florham Park, Karen Thompson, Newark, Alexander Shalom, Newark, Caroline J. Heller (Greenberg Traurig) of the New York bar, admitted pro hac vice, Elliot H. Scherker and Brigid F. Cech Samole (Greenberg Traurig) of the Florida bar, admitted pro hac vice, Kara E. Angeletti (Greenberg Traurig) of the Illinois bar, admitted pro hac vice, Maxwell C. Fabricant (The Innocence Project, Inc.) of the New York bar, admitted pro hac vice, and Anton Robinson (The Innocence Project, Inc.) of the New York and Florida bars, admitted pro hac vice, on the brief).
CJ Griffin submitted a brief on behalf of amicus curiae Association of Criminal Defense Lawyers of New Jersey (Pashman Stein Walder Hayden, attorneys; CJ Griffin, on the brief).
Emeka Nkwuo submitted a brief on behalf of amicus curiae New Jersey Association for Justice (Lomurro, Munson, Comer, Brown & Schottland, attorneys; Emeka Nkwuo, of counsel and on the brief).
CHIEF JUSTICERABNER delivered the opinion of the Court.
In this appeal, we consider whether certain safeguards relating to eyewitness identification evidence should apply when lawyers meet with witnesses to prepare for trial.
It is well-settled that suggestive identification procedures can distort a witness's memory and lead to misidentifications...
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