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Articles Posted in Trial Practice and Procedure

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State v. Mahoney – NJ Appellate Panel Rules that Deliberating Jurors Cannot Speak at Sentencing

John Mahoney shot and killed his father.  He was subsequently indicted for first-degree murder, weapons offenses and hindering apprehension, and the case proceeded to trial.  His defense was battered child syndrome – his actions toward his father were motivated by the latter’s physical and emotional abuse.  The jury convicted him…

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State v. Smith – NJ Supreme Court Decision Sets Some Parameters for Declaring Mistrial or Granting Continuance Because of Newly Discovered Evidence that the Prosecutor Failed to Disclose to Defense Counsel Until After Commencement of Trial

On July 2, 2009, at 11:30 pm, a car pulled up next to a woman who was walking to her home in Jersey City.  The passenger got out, approached her, tapped her hip with a gun, and asked for her phone.  The woman surrendered her purse which contained her phone…

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