State v. Purnell

The opinion of the Court was delivered by

*47COLEMAN, J.

On March 16, 1992, this Court changed existing statutory and decisional law by holding that in a prosecution for perjury the jury, rather than the judge, must decide the materiality element of the offense. State v. Anderson, 127 N.J. 191, 603 A.2d 928 (1992). The critical issue raised in this post-conviction relief (PCR) appeal is whether Anderson should operate retrospectively upon cases finally decided on direct review prior to the date on which Anderson was decided. The trial court rejected defendant’s PCR application, ruling that…