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PLEA BARGAINS - RIGHTS OF VICTIM -
must be considered before the court can order that defendant’s plea be non-evidential in a civil proceeding.
STATE V. FAUCE
PLEA BARGAIN -
The trial court was not authorized to set aside plea agreement based solely on prosecutor's failure to notify victims prior to entering into plea agreement.
STATE V. MEANS
PRETRIAL DISCOVERY - PHOTOGRAPH OF SEXUAL ASSAULT VICTIM -
State was not required to provide to defendant a photograph of victim.
STATE V. GILCHRIST
PRETRIAL DISCOVERY -
State was required to produce in discovery any criminal case history information regarding murder victim which related to charges involving violence, aggressiveness, or offenses against person.
STATE V. CARTER
PSYCHIATRIC EXAMINATION OF CHILD SEXUAL ASSAULT VICTIM -
court's failure to order psychiatric examination of three and one-half-year-old witness solely on grounds of her age was not abuse of discretion.
STATE V. R.W. (NY)
Victim is entitled to full restitution under CVRA and court may consider defendant’s future earnings in ordering the restitution amount.
UNITED STATES V. SERAWOP
RESTITUTION (JUVENILE) -
is proper in a juvenile proceeding.
STATE IN THE INTEREST OF R.V.
RESTITUTION – PARENT OF JUVENILE -
offender may be ordered to pay restitution.
STATE IN THE INTEREST OF M.C.
RESTITUTION - TO THIRD PARTIES -
STATE v. Hill
IS PERMITTED UNDER THE STATUTES.
ROLE OF PROSECUTOR -
vis a vie crime victim – Footnote- prosecutor is not the victim’s attorney and their interests are not necessarily the same.
STATE V. RUFFIN.
STANDING OF CRIME VICTIM -
victim had standing to oppose newspaper's petition for access to juvenile court.
STATE IN THE INTEREST OF K.P.
SENTENCING - DEATH PENALTY – VICTIM IMPACT STATUTE UPHELD -
Landmark NJ Supreme Court case on Victims’ Rights in New Jersey.
STATE V. MUHAMMAD
Consecutive sentences were warranted where defendant was convicted in the trial court of two counts of vehicular homicide that involved multiple victims.
STATE V. CAREY
Victim has right for court ordered HIV testing of assailant.
STATE IN THE INTEREST OF J.G., N.S. AND J.T.
Victim Impact Statements – Death Penalty - Trial court followed applicable guidelines in admitting victim impact statements.
STATE V. WAKEFIELD
SENTENCING – VICTIM IMPACT STATEMENTS – DEATH PENALTY -
Statement of victim’s mother that she believed the defendant should not receive the death penalty was improper.
STATE V. KOSKOVICH
SENTENCING - VICTIM IMPACT STATEMENT -
Juvenile Court- victim of crime for which juvenile has been adjudicated delinquent may personally address court prior to sentencing of that juvenile.
STATE IN THE INTEREST OF O.G.
TRIAL – RAPE SHIELD -
Rape shield statute applied, although victim was now deceased and testimony by victim's acquaintance, that victim stated she provided sex to men in exchange for money to buy drugs, was inadmissible.
STATE V. CLOWNEY
TRIAL – TESTIMONY – PHOTOGRAPHS OF VICTIM -
Autopsy and crime scene photos of victim permitted.
STATE V. BILLUE
TRIAL - TESTIMONY - CLOSED CIRCUIT TESTIMONY OF CHILD SEXUAL ASSAULT VICTIM -
does not violate defendant’s rights to a fair trial.
STATE V. SMITH
TRIAL - TESTIMONY - SEXUAL ASSAULT -
niece's testimony about defendant's sexual assaults against her, during a period preceding the two periods for which he was charged, was admissible as res gestae evidence.
STATE V. L.P
TRIAL – CRIME VICTIM SERVING ON A JURY -
refusal to excuse for cause a prospective juror who had been a recent victim of a crime similar in nature to that with which defendant was charged was not so clearly an abuse of discretion as to necessitate reversal on that ground alone when defendant was compelled to exercise his last peremptory challenge to excuse juror in absence of any allegations of bias or unfairness in trial itself.
STATE V. SINGLETARY
TRIAL TESTIMONY - SEXUAL ASSAULT -
Testimony evidence of woman’s prior sexual conduct allowed.
STATE V. GARRON
TRIAL - TESTIMONY - SEXUAL ASSAULT - DELAY IN VICTIM REPORTING -
Victim’s delay in reporting g sexual assault must be brought before the jury.
STATE V. P.H. (NOTE JUDGE CARCHMAN’S DISSENT).
TRIAL – TESTIMONY – SEXUAL ASSAULT -
Nature and Degree of Force - Force required for second-degree sexual assault need not be extrinsic to the penetration, and (2) permission to engage in sexual penetration must be affirmative and must be freely given.
STATE IN THE INTEREST OF M.T.S.
TRIAL – TESTIMONY – SEXUAL ASSAULT – USE OF OTHER CRIMES EVIDENCE – STATE V. OLIVER – VICTIM COMPENSATION -
10% Surcharge on commissary items charged to prisoners to benefit Victims of Crime Compensation Board held to not violate offender’s constitutional rights.
AUGE V. DEPARTMENT OF CORRECTIONS
TRIAL – CHANGE OF VENUE -
Victim's Rights Amendment does not merely allow victims to attend a trial and empaneling a foreign jury was justified by burdens on victim's family and was constitutional.
STATE V. TIMMENDEQUAS