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Sunday, July 03, 2022

State v. Quinnizel J. Clark (085271) (Burlington County & Statewide) (A-67-20/

 State v. Quinnizel J. Clark (085271) (Burlington County & Statewide) (A-67-20/A-37-21; 085271)

Once defendant invoked his right to counsel, the interrogation should have stopped. Not only did the interrogation continue, but during the questioning, the detective strongly suggested that defendant would give them the information they sought if he were truly innocent. Allowing that entire exchange to be played for the jury was harmful error. In addition, the error was compounded when the prosecutor commented on that portion of the statement that should have never been before the jury in the first place. The Court discerns no error regarding the witness testimony or any of the prosecutor’s other comments during summation.