Supreme Court of New Jersey

State v. Brandon M. Washington

January 8, 2024

Summary

The Supreme Court of New Jersey held that the due‑process safeguards for eyewitness identification articulated in State v. Henderson apply to pre‑trial preparation sessions, prohibiting the showing of photos to witnesses who have already identified the suspect unless a good reason exists and requiring a written record of any such display; the Court remanded for a Wade hearing to develop a factual record and determine admissibility of the identification evidence.