February 4, 2008

State v. B.M.

01-11-08 A-4075-06T5

We hold that a defendant's decision to introduce certain
evidence may trigger the right of the State to rebut any unfair
implication of that evidence. In this matter where sexual abuse
is alleged by a ten-year-old child, we affirm the trial court's
exercise of discretion to permit the defendant to elicit on
cross-examination that the child had also alleged separate
incidents of sexual abuse by three other persons. We remand,
however, for further consideration, in light of the doctrine of
"opening the door," as to whether the State may introduce
evidence of juvenile delinquency adjudications pursuant to
guilty pleas by the other three alleged abusers.

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