· 11/20/1986
Tyehimba v. New Jersey State Parole Board
Citations
- 214 N.J. Super. 62
- 518 A.2d 492
- 1986 N.J. Super. LEXIS 1492
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the error in the admission of the victim impact evidence was harmless because the State presented strong evidence of the defendant’s guilt
- overruling precedent to hold that a defendant is not presumptively harmed by erroneous failure to excuse juror for cause resulting in use of peremptory strike
- affirming disqualification order where lawyers were the only witnesses who claimed to have knowledge about what the judge said in chambers
- explaining that the test for harm under plain error review “requires a showing of a reasonable probability that the result of the proceeding would have been different, which is a probability sufficient to undermine confidence in the outcome” (citation and 22 punctuation omitted.)
- overruling cases which had held that “causing a defendant to unnecessarily use a peremptory strike on a juror that should have been excused for cause is per se harmful error”
- explaining that any trial court error in denying a defendant’s motion to excuse a prospective juror is harmless where “the juror is subsequently removed from the defendant’s twelve- person jury by [the defendant’s] use of a peremptory strike” or by the State’s use of a peremptory strike
Source: CourtListener parenthetical corpus (CC0).
Judges: Greenberg
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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