In a criminal appeal concerning safeguards related to eyewitness identification evidence, the New Jersey Supreme Court extended its 2011 decision in State v. Henderson to apply to lawyers meeting with witnesses to prepare for trial.

In his written opinion for a unanimous court in State v. Washington, Chief Justice Stuart Rabner held that there is no reason to treat impermissibly suggestive events during trial preparation differently from other suggestive identification procedures, according to the opinion. Brandon Washington was forcibly removed from a “Ladies Night” event after arguing with a security guard. Just seconds later, shots were fired into the event venue which struck two people. Washington was charged with two counts of attempted murder following an investigation.