Legal Opinion

State v. J.A.

New Jersey Superior Court Appellate Division

Decided March 6, 2008PublishedCited by 8 opinions

1Opinion of the Court

The opinion of the court was delivered by

PARRILLO, J.A.D.

The novel issue in this appeal from the Law Division’s denial of a post-conviction relief (PCR) petition is whether the Supreme Court’s decision in State v. P.H., 178 N.J. 378, 840 A.2d 808 (2004), that a jury may consider the timing of a victim’s disclosure of sexual abuse in assessing credibility, is to be given complete retroactivity to encompass cases on collateral review, where all avenues of direct appeal have been exhausted. For the following reasons, we hold the rule of P.H., which disapproved the contrary *515holding of State v.…

2Cases cited37 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Crawford v. WashingtonSupreme Court of the United States · 2004
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Gideon v. WainwrightSupreme Court of the United States · 1963
  5. Stovall v. DennoSupreme Court of the United States · 1967

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3Cited by8 opinions

  1. Luurtsema v. Commissioner of CorrectionSupreme Court of Connecticut · 2011
  2. State of New Jersey v. Gale SorensenNew Jersey Superior Court Appellate Division · 2015
  3. State v. HodgeNew Jersey Superior Court Appellate Division · 2012
  4. Luurtsema v. Commissioner of CorrectionSupreme Court of Connecticut · 2011
  5. STATE OF NEW JERSEY VS. JOSE D. LOPEZ-DURANGO (14-06-0557, PASSAIC COUNTY AND STATEWIDE) (RECORD IMPOUNDED)New Jersey Superior Court Appellate Division · 2018

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