State v. Rose

19 A.3d 985 (2011)

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State v. Rose

New Jersey Supreme Court
19 A.3d 985 (2011)

SC

Facts

Zarik Rose (defendant) was in prison on a charge that he attempted to murder Charles Mosley. While Rose was in prison, Mosley was murdered. Rose was charged with the murder as an accomplice. At the murder trial, the prosecution (plaintiff) sought to introduce evidence that Rose had solicited a fellow prisoner who was being released soon to kill Mosley. The prosecution also had evidence that Rose told a fellow prisoner that he wanted to make sure Mosley did not testify against him in the attempted-murder trial. Rose objected on the ground that this evidence would reveal the attempted-murder charge in the murder proceedings. Rose argued that this evidence of a prior act was inadmissible under New Jersey’s counterpart to Federal Rule of Evidence 404(b) (Rule 404(b)). The trial court allowed the evidence. Rose was convicted, and the appellate court affirmed. Rose appealed.

Rule of Law

Issue

Holding and Reasoning (LaVecchia, J.)

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