ACDL v. Brandon Washington, ___ N.J. ___ (2024)


CJ Griffin authored the brief and argued this case in the New Jersey Supreme Court about identifications conducted in the pretrial interview context. She argued that using a defendant’s photograph during trial preparation is inherently suggestive and should be prohibited. While the Court did not completely adopt our argument, it agreed that identifications conducted during pretrial interviews are subject to the same protections as other identifications, and it found that as a general rule, witnesses who have already made identifications should not be shown photos of the defendant in a pretrial interview. Washington's case was remanded for an evidentiary hearing applying this new standard and for a determination by the trial court as to whether the identifications should have been admitted and if a new trial is thereby warranted.

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