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STATE v. LAND

DOCKET NO. A-1906-11T2, A-2774-11T2

88 A.3d 193 (2014)

435 N.J. Super. 249

STATE of New Jersey, Plaintiff-Respondent, v. Martell J. LAND, a/k/a Martell Jihad Land, Defendant-Appellant. State of New Jersey, Plaintiff-Respondent, v. Samad A. Land, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 18, 2014.

Attorney(s) appearing for the Case

Michael Confusione argued the cause for appellant Martell Land (Hegge & Confusione, LLC, attorneys; Mr. Confusione, of counsel and on the brief).

The Law Offices of Jaime Kaigh, P.C., attorneys for appellant Samad Land ( Jaime Kaigh , of counsel and on the brief).

Nancy P. Scharff , Assistant Prosecutor, argued the cause for respondent ( Warren W. Faulk , Camden County Prosecutor, attorney; Ms. Scharff, of counsel and on the brief).

Before Judges FISHER, ESPINOSA and O'CONNOR.

The opinion of the court was delivered by

FISHER, P.J.A.D.

In these appeals, we consider whether defendants received a fair trial in light of the prosecutor's opening statement, which informed the jurors they would receive evidence from an individual who never testified. We cannot say—in light of the less than overwhelming evidence of guilt—that the prosecutor's imprudent comments, even if made in good...

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