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STATE v. FORTIN

917 A.2d 746 (2007)

189 N.J. 579

STATE of New Jersey, Plaintiff-Appellant, v. Steven R. FORTIN, Defendant-Respondent.

Supreme Court of New Jersey.

Decided March 28, 2007.

Attorney(s) appearing for the Case

Nancy A. Hulett, Assistant Prosecutor, argued the cause for appellant (Bruce J. Kaplan, Middlesex County Prosecutor, attorney).

Michael A. Priarone, Designated Counsel, argued the cause for respondent (Yvonne Smith Segars, Public Defender, attorney; Mr. Priarone and Cathy L. Waldor, Designated Counsel, of counsel and on the brief).

Justice ALBIN delivered the opinion of the Court.

In the retrial of defendant Steven Fortin for the capital murder of Melissa Padilla, the State intends to prove defendant's guilt by showing that he committed the crime in such a distinctive way that it may be said to bear his "signature." The State seeks to introduce as "other crimes" evidence pursuant to N.J.R.E. 404(b) defendant's sexual assault of Maine State Trooper Vicki Gardner, whom he vaginally and...

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