Legal Opinion
State v. P.H.
New Jersey Superior Court Appellate Division
Decided August 2, 2002PublishedCited by 5 opinions
1Opinion of the Court
The opinion of the court was delivered by
SKILLMAN, P.J.A.D.
In this child sexual assault appeal, the primary issue is whether the trial court correctly instructed the jury that “[y]ou ... may not consider the child’s failure to complain as evidence weighing against the credibility of the child.” We conclude that this instruction deprived defendant of the opportunity to have the jury consider one of the factors relevant to an evaluation of the alleged victim’s credibility. Therefore, we reverse defendant’s convictions.
Following a jury trial, defendant was found guilty of three counts of…
2Cases cited26 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Delaware v. Van ArsdallSupreme Court of the United States · 1986
- Davis v. AlaskaSupreme Court of the United States · 1974
- Chambers v. MississippiSupreme Court of the United States · 1973
- Crane v. KentuckySupreme Court of the United States · 1986
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3Cited by5 opinions
- State v. P.H.Supreme Court of New Jersey · 2004
- State v. R.E.B.New Jersey Superior Court Appellate Division · 2006
- Jones v. Dept. of CorrectionsNew Jersey Superior Court Appellate Division · 2003
- State v. PHNew Jersey Superior Court Appellate Division · 2002
- State v. PHSupreme Court of New Jersey · 2004