State v. Bradshaw

Justice WALLACE, JR.,

delivered the opinion of the Court.

In this appeal, we address whether the trial court properly refused to allow defendant to give alibi testimony based on his failure to provide timely notice of his alibi to the State under 3:12-2. We also consider whether the prosecutor’s summation was fair when he expressed his opinion that because the victim was deaf and mute, she had a heightened sensory perception and therefore her identification of defendant was reliable.

The Appellate Division held that the trial court violated defendant’s constitutional rights when it declined to…