State v. Henderson and the New Model Jury Charges - New Jersey ...

Henderson Holding
Henderson has made no substantive change to legal
standard for determining admissibility
Henderson requires defendant to bear burden to
show some evidence of suggestiveness tied to a
system variable (one exception)
“Actual evidence of suggestiveness”
Defendant still bears ultimate burden to prove very
substantial likelihood of irreparable
misidentification
Totality of circumstances