STATE OF NEW JERSEY VS. LARRY R. HENDERSON
A-5482-11T3
In its landmark decision in this case, State v. Henderson, 208 N.J. 208 (2011), the Supreme Court remanded to the trial court for a new Wade hearing. Applying the Court's new state constitutional framework for such matters, the trial court denied suppression of the out-of-court eyewitness identification evidence used to convict defendant. On appeal, defendant argued, among other things, that the new framework implicitly imposed on the
prosecution the burden of proving reliability by "clear and convincing evidence." In light of the language of the Supreme Court's opinion that, once a defendant provides evidence of suggestiveness the prosecution must "offer proof to show that the proffered eyewitness identification is reliable," id. at 289, the court rejected this argument, viewing the prosecution's burden as little different and no more onerous than the "burden of producing evidence" described in N.J.R.E. 101(b)(2).
Affirmed. 10-17-13
