July 21, 2010

STATE OF NEW JERSEY V. PAUL A. FOGLIA A-6332-07T4

07-16-10 STATE OF NEW JERSEY V. PAUL A. FOGLIA A-6332-07T4

We reversed defendant's murder conviction based upon the
wholesale admission of "bad act" evidence, which was admitted
without any limiting instructions from the judge. We rejected
the various grounds for admissibility asserted by the State,
concluding that much of the evidence was irrelevant under the
first prong of the Cofield test.

In particular, we rejected the State's argument that the
evidence was admissible to rebut defendant's asserted
"passion/provocation manslaughter" defense.

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