Legal Opinion
State v. Maben
Supreme Court of New Jersey
Decided June 23, 1993PublishedCited by 12 opinions
1Opinion of the Court
The opinion of the Court was delivered by
GARIBALDI, J.
At issue in this sexual-assault case is whether the out-of-court statements of an alleged child victim who did not testify at trial were properly admitted under Evidence Rule 63(33). Central to that inquiry is whether pursuant to Evidence Rule 62(6) the State has demonstrated that it has been “unable, despite due diligence, to procure the attendance of the witness.” The trial court, holding that the State had established the child witness’s unavailability, allowed the hearsay testimony. A jury convicted defendant. The Appellate Division…
2Cases cited20 opinions
- Ohio v. RobertsSupreme Court of the United States · 1980
- Pointer v. TexasSupreme Court of the United States · 1965
- California v. GreenSupreme Court of the United States · 1970
- Idaho v. WrightSupreme Court of the United States · 1990
- Barber v. PageSupreme Court of the United States · 1968
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3Cited by12 opinions
- Flowers v. StateCourt of Criminal Appeals of Alabama · 2000
- State v. T.E.New Jersey Superior Court Appellate Division · 2001
- State v. HarrisNew Jersey Superior Court Appellate Division · 1998
- State v. LebrickSupreme Court of Connecticut · 2020
- Cohen v. Community Medical CenterNew Jersey Superior Court Appellate Division · 2006
7 more not listed; retrieve them via the Exa API.