Supreme Court of New Jersey· 3/25/1993

State v. Silva

Citations

621 A.2d 17
131 N.J. 438
1993 N.J. LEXIS 53

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that “if a witness appears to know of the charges and would naturally be expected to have come forward with the alibi testimony, the witness may be cross-examined about those circumstances of nondisclosure”
agreeing with Dawson court that although witness's silence may have low probative value, no sound reason exists to flatly prohibit this type of crossexamination
agreeing with Dawson court that although witness’s silence may have low probative value, no sound reason exists to flatly prohibit this type of cross-examination
permitting cross-examination of defendant's sister for failing to come forward with alibi information for some five months after defendant was arrested
\[W]hen a court finds that `silence may reasonably be viewed as inconsistent with [the witness's] testimony ...' the Rules of Evidence allow cross-examination on the prior inconsistency.\
“[W]hen a court finds that ‘silence may reasonably be viewed as inconsistent with [the witness’s] testimony ... ’ the Rules of Evidence allow cross-examination on the prior inconsistency.”

Source: CourtListener parenthetical corpus (CC0).

Judges: O'Hern

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Cited by

23 cases in this archive cite this case; the 20 most cited are listed.

Cites

19 cases in this archive are cited by this case.

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