State of New Jersey, Plaintiff-Respondent v. Santino J. Micelli, A/K/A Santino J. Miceli, A/K/A Santino Miceli…

Summary

The Supreme Court of New Jersey reversed the Appellate Division's judgment and remanded for a new evidentiary hearing on the reliability of an out-of-court photographic identification. The Court held that the Appellate Division improperly exercised original jurisdiction by making factual findings and weighing evidence on the second prong of the Manson/Madison test. The identification procedure was affirmed as impermissibly suggestive, but the reliability analysis must be conducted by the trial court.