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STATE v. WEAVER

A-104 September Term 2011, 069185

97 A.3d 663 (2014)

219 N.J. 131

STATE of New Jersey, Plaintiff-Respondent, v. Jahnell WEAVER, Defendant-Appellant.

Supreme Court of New Jersey.

Decided September 8, 2014.

Attorney(s) appearing for the Case

Kevin G. Byrnes , Designated Counsel, argued the cause for appellant ( Joseph E. Krakora , Public Defender, attorney).

Jason Magid , Assistant Prosecutor, argued the cause for respondent ( Warren W. Faulk , Camden County Prosecutor, attorney; Nancy P. Scharff , Assistant Prosecutor, on the letter briefs).

Alexander R. Shalom argued the cause for amicus curiae American Civil Liberties Union of New Jersey ( Edward L. Barocas , Legal Director and Ronald K. Chen , Acting Dean of Rutgers Constitutional Litigation Clinic Center for Law & Justice, attorneys; Mr. Shalom , Mr. Barocas , and Jeanne M. Locicero , of counsel and on the brief).

Brian J. Uzdavinis , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( John J. Hoffman , Acting Attorney General, attorney).

Judge CUFF (temporarily assigned) delivered the opinion of the Court.

On a warm summer evening in late June 2004, approximately fifty young men and women gathered at the Camden apartment of a recent high school graduate to celebrate her graduation. Later in the evening, a verbal argument erupted on the street in front of the apartment between two young men — Jahnell Weaver and Edward Williams. Each had a friend standing...

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