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STATE v. WILLIAMS

877 A.2d 1258 (2005)

184 N.J. 432

STATE of New Jersey, Plaintiff-Respondent, v. Carl S. WILLIAMS, Defendant-Appellant.

Supreme Court of New Jersey.

Decided July 28, 2005.

Attorney(s) appearing for the Case

Gilbert G. Miller, Somerville, Designated Counsel, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney).

Paul H. Heinzel, Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Attorney General of New Jersey, attorney).

Robert E. Margulies, Jersey City, submitted a letter brief on behalf of amicus curiae Committee for Dispute Resolution (Margulies, Wind & Herrington, attorneys).

Edwin J. McCreedy, Cranford, President, submitted a brief on behalf of amicus curiae New Jersey State Bar Association.

Justice ZAZZALI delivered the opinion of the Court.

In this appeal, we must decide whether a mediator appointed by a court under Rule 1:40 may testify in a subsequent criminal proceeding regarding a participant's statements made during mediation.

Defendant's brother-in-law phoned defendant and left several taunting messages, leading to a face-to-face argument that quickly escalated into a physical fight. Defendant...

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