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Articles Tagged with Eye witness Identification

Understanding the NJ Supremes’ Decision in State v. Roberson Burney

Published on: September 6, 2023 | by Stephen J. Natoli

Summary

Cell tower evidence is frequently used in criminal cases.

The New Jersey Supreme Court recently issued a pivotal decision in the case of State v. Roberson Burney, a case dealing with complex issues of evidence admissibility and the potential for cumulative error during a trial. The Court ruled that both expert testimony regarding the defendant’s cell phone location based on a “rule of thumb” approximation and a first-time in-court identification of the defendant were inadmissible. The combination of these errors, the Court held, deprived the defendant of a fair trial.

New Jersey Court Allows Law Enforcement Identification of Suspect on Video

Published on: September 21, 2021 | by Stephen J. Natoli

In New Jersey, the rules of evidence indicate that lay opinion testimony, which is non-expert witness testimony, is admissible when two conditions are met. First, the witness’s testimony must be rationally based on their perception. Secondly, the testimony must assist in understanding the witness’s testimony or determining a fact in issue.

However, assessing the admissibility and helpfulness of lay opinion testimony may present challenges when the potential for undue prejudice surfaces.

In State v. Sanchez , the Defendant filed a pretrial motion to exclude the lay opinion testimony of his parole officer who had identified him as a suspect in connection with a homicide and robbery investigation.