STATE v. MOORE


902 A.2d 1212 (2006)

188 N.J. 182

STATE of New Jersey, Plaintiff-Respondent, v. Clarence M. MOORE, Defendant-Appellant.

Supreme Court of New Jersey.

Remanded April 27, 2004.

Reargued October 24, 2005.

Decided August 10, 2006.

Corrected August 21, 2006.


Attorney(s) appearing for the Case

Paul J. Casteleiro, Hoboken, argued the cause for appellate.

Jack J. Lipari and James P. McClain, Assistant Prosecutors, argued the cause for respondent (Jeffrey S. Blitz, Atlantic County Prosecutor, attorney; Mr. Lipari, on the briefs).

Christopher D. Adams, Roseland, argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey (Walder, Hayden & Brogan, attorneys).

Matthew Astore, Assistant Deputy Public Defender, argued the cause for amicus curiae Office of The Public Defender (Yvonne Smith Segars, Public Defender, attorney).

Nancy A. Hulett, Special Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Peter C. Harvey, Attorney General, attorney).


Chief Justice PORITZ delivered the opinion of the Court.

This case returns to the Court after remand for a plenary hearing in respect of the continued viability of State v. Hurd, 86 N.J. 525, 432 A.2d 86 (1981), wherein the Court established guidelines for the admissibility of hypnotically refreshed testimony proffered by a witness in a criminal trial. Based on the record developed below, and...

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