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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.