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New Jersey Supreme Court Announces Extension of Eyewitness Identification Safeguards of Henderson to Pretrial Preparation Sessions and Provides Framework for Showing Photos During Pretrial Phase
by Douglas Ankney
The Supreme Court of New Jersey unanimously extended the investigative eyewitness identification safeguards of State v. Henderson, 27 A.3d 872 (N.J. 2011) (articulating a series of variables that can affect the reliability of eyewitness identification evidence and setting forth procedural safeguards), to pretrial preparation sessions …
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More from this issue:
- Stinging Back: Resisting Government Surveillance of Cellphones, by Anthony Accurso
- Seventh Circuit Announces Safety Valve Relief Under § 3553(f) Is Narrower Than Guidelines Firearms Enhancement Under § 2D1.1(b)(1), District Court Erred by Conflating Them, by Douglas Ankney
- Cellular Roaming’s Inadequate Security, by Michael Thompson
- Tech Monopolies Prevent Effective Privacy Laws in the U.S., by Anthony Accurso
- California AB 2773 Requires Police to State Reason for Traffic Stops Before Questioning, by Jo Ellen Nott
- Fourth Circuit: Maryland’s First-Degree Assault Statute Is Indivisible so Conviction Is Not an ACCA Predicate for Sentencing Enhancement Purposes, by Douglas Ankney
- Report Finds Bad Forensic Evidence Leads to More Wrongful Convictions and Establishes Forensic Errors Typology, by Matthew Clarke
- Washington Supreme Court: Nonexceptional Consecutive Terms of ‘Community Custody’ May Not Exceed Aggregate Term of 24 Months, by Sam Rutherford
- SCOTUS: Reiterates Jury Verdict of Acquittal for Any Reason Bars Retrial Under Double Jeopardy Clause of Fifth Amendment, by Richard Resch
- California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Evidentiary Hearing Under Felony Murder Resentencing Law, by David Reutter
- FBI Visit to Oklahoma Woman in Response to Social Media Post Sparks Debate on Free Speech, by Jo Ellen Nott
- De-Identified Is Not Anonymous, by Michael Thompson
- The Police Have a Dark Money Slush Fund, by Katya Schwenk
- Police Body Cameras, A Decade Later, by Anthony Accurso
- Criminal Justice Reform Becoming a Corporate Priority, by David Reutter
- Tenth Circuit: Plea Not Knowing and Voluntary Where Plea Counsel Materially Misrepresented Defendant’s Right to Impartial Jury Selected Through Racially Nondiscriminatory Means, by Douglas Ankney
- More Facial Recognition Failures, by Michael Thompson
- California Supreme Court: Jury’s Finding of Intent to Kill for Gang Enhancement, Standing Alone, Insufficient to Find Prisoner Failed to State a Prima Facie Case in § 1172.6 Petition for Resentencing on First-Degree Murder Conviction, by Douglas Ankney
- Non-Toxic Fluorescent Spray Reveals Fingerprints in Seconds, by Douglas Ankney
- Use of Solitary Confinement on the Rise in ICE Facilities, by Anthony Accurso
- New York Court of Appeals: SORA Designation Violates Defendant’s Due Process Rights Where Crime Involved No Sexual Contact or Motivation and Defendant Was Not a Sex Offender and Posed No Risk of Sexual Threat, by Douglas Ankney
- New Data From BOP Reveals Technical Violations Account for Nearly a Third of First Step Act Recidivism, by Jo Ellen Nott
- The Death of the Savings Clause, by Dale Chappell
- Retraction: ‘Federal Habeas Corpus: The Savings Clause Remedy for Federal Prisoners’ by Dale Chappell
- First Circuit: Defendant’s Statement ‘I guess I’ll wait until I have a lawyer’ Is Unequivocal Invocation of Right to Counsel, by Sam Rutherford
- Facial Recognition’s Distorted View, by Michael Thompson
- Massachusetts Supreme Judicial Court Announces Defendants Under Age 21 Ineligible for LWOP Sentences, by Douglas Ankney
- New Jersey Supreme Court Announces Extension of Eyewitness Identification Safeguards of Henderson to Pretrial Preparation Sessions and Provides Framework for Showing Photos During Pretrial Phase, by Douglas Ankney
- Robotic Police Dogs Being Adopted Across the Country, by Michael Thompson
- Ninth Circuit Announces Adoption of ‘Premises Rule’ for Co-Tenant Consent-to-Search Analysis, Holds Co-Tenant’s Consent Invalid Where Defendant Instructed Co-Tenant Not to Allow Police Entry in Their Presence, by Sam Rutherford
- Sixth Circuit Announces Untimely Notice of Appeal That Provides Reason for Tardiness May Be Construed as Motion to Reopen, by Douglas Ankney
- Googling Your Privacy, by Michael Thompson
- News in Brief
More from Douglas Ankney:
- Barbaric and Deadly Conditions Continue to Plague Los Angeles County Jails, Feb. 1, 2026
- Killings Inside Mississippi’s Prisons Continue Unabated But Report Prompts DOC to Reopen Investigations, Feb. 1, 2026
- Competency Crisis in Missouri’s Jails, Feb. 1, 2026
- Ninth Circuit: Notice of Appeal of Order Denying Qualified Immunity Must Be Filed Within 30 Days of Entry, Feb. 1, 2026
- Fifth Circuit Rules Against Louisiana Prisoner Seeking to Recoup Money Made at Angola Prison Rodeo, Jan. 1, 2026
- Report on “Pay-to-Stay” Fees Makes Strong Case for Their Repeal, Jan. 1, 2026
- Maryland Agrees to Pay $30,000 to Prisoner Who Was Beaten by Guards While Handcuffed, Jan. 1, 2026
- Alabama Supreme Court Denies DOC’s Improper Venue Objection, Jan. 1, 2026
- Third Circuit Rules Awarding BOP Prisoners 54 Days of Good Time Per Year Is Pro-Rated, Jan. 1, 2026
- Utah Supreme Court Announces Framework for Analyzing Combined Brady and Napue Violations, Affirms Postconviction Relief in Capital Murder Case, Jan. 1, 2026
More from these topics:
- Iowa Supreme Court Announces Framework for Admissibility of Expert Testimony on Eyewitness Identification, Holding Generalized Testimony on Psychological Factors Ordinarily Should Be Admitted, Jan. 1, 2026. witness misidentification, Eyewitness Testimony, Lineups, Eyewitness Identification, Expert and Opinion Testimony.
- The Malleable Mind in the Courtroom: Why Confident Eyewitnesses Often Provide the Least Reliable Evidence, Oct. 15, 2025. Eyewitness Testimony, Fabrication of Evidence, Jury Views.
- Ninth Circuit Announces ‘Clear Error’ Review Applies to District Courts’ Factual Findings for Brady Challenges and Affirms District Court’s Mid-Trial Order Excluding Witness Testimony and Imposing Monetary Sanctions for Government’s Brady Violation, Feb. 1, 2025. Sanctions, Eyewitness Testimony, Brady Rule violations, Witnesses - Prior Statements/Testimony, Factual Disputes/Findings, Legal or Factual Challenges - assertion of.
- Montana Supreme Court: Expert Witness Testimony Presented Via Two-Way Video Conferencing Technology Violates Confrontation Clause, Dec. 1, 2024. Eyewitness Testimony, Confrontation Clause/Rights, Confrontation Clause, Sentencing by Videoconferencing.
- Maryland Compensates Exonerated Prisoner Over $340,000, April 1, 2024. Wrongful Conviction, Eyewitness Testimony, Fabrication of Evidence, Recantation.
- New York Court of Appeals Reverses Conviction Because Testifying Criminalist Not Shown to Have Requisite Involvement in DNA Testing Process and Provides Guidance to Avoid Future Sixth Amendment Confrontation Clause Violations, March 15, 2024. DNA Testing/Samples, Eyewitness Testimony, Crime Lab Reports.
- Foundations of Firearms Audio Forensics Built by Dr. Robert Maher Will Continue to Be Important Forensic Tool as More Recording Devices Are Present at Crime Scenes, March 15, 2024. Commentary/Reviews, Eyewitness Testimony.
- Interactive Lineups Are a Promising New Tool to Improve Accuracy of Suspect Identification by Eyewitnesses, March 15, 2024. Commentary/Reviews, witness misidentification, Eyewitness Testimony, Lineups.
- Study Raises Alarms About Inaccuracies and Bias in Gun Forensics Reporting, Feb. 15, 2024. Commentary/Reviews, junk science, Eyewitness Testimony.
- Tales From the ‘Tails’ of Bloodstains, Feb. 15, 2024. Commentary/Reviews, junk science, Eyewitness Testimony.





