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STATE v. FORTIN

DOCKET NO. A-5929-17T2.

234 A.3d 372 (2020)

464 N.J.Super. 193

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

Superior Court of New Jersey, Appellate Division.

Decided June 22, 2020.

Attorney(s) appearing for the Case

Tamar Y. Lerer argued the cause for appellant ( Joseph E. Krakora , Public Defender, attorney; Tamar Y. Lerer , Assistant Deputy Public Defender, of counsel and on the briefs).

Nancy A. Hulett argued the cause for respondent ( Christopher L.C. Kuberiet , Acting Middlesex County Prosecutor, attorney; Nancy A. Hulett , Acting Assistant Prosecutor, of counsel and on the brief).

Dana Delger , (Skadden Arps Slate Meagher & Flom LLP) of the New York bar, admitted pro hac vice, argued the cause for amicis curiae Innocence Project Inc. (Skadden Arps Slate Meagher & Flom LLP, attorneys; Maura Barry Grinalds , Edward L. Tulin , and Benjamin J. Rankin , of counsel; Andrew Muscato , Vanessa Potkin , and Dana Delger , on the brief).

Before Judges Koblitz, Whipple and Gooden Brown.

The opinion of the court was delivered by

Defendant Steven R. Fortin, whom juries twice convicted of a brutal 1994 sexual assault and murder, appeals from a May 4, 2018 order denying his motion for a new trial based on newly discovered scientific evidence that casts doubt on the reliability and scientific validity of bitemark...

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