The Supreme Court Will Review a Case About In-Court Identifications of a Criminal Defendant

The Supreme Court announced that it has granted review in State v. Washington. The question presented, as phrased by the Supreme Court Clerk’s office, is “Did the prosecutor’s pretrial preparation of witnesses, which included showing the witnesses a photograph of defendant, taint the witnesses’ in-court identifications of defendant, and should that pretrial preparation have been recorded?” In an unpublished per curiam opinion, a three-judge Appellate Division panel affirmed defendant’s conviction of attempted passion/provocation manslaughter despite defendant’s arguments regarding the in-court identification and on other issues, though the panel remanded for consideration of the fairness of the sentence in light of State v. Torres, 246 N.J. 246 (2021).