Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817
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Sunday, August 09, 2020

State v. G.E.P; State v. R.P.; State v. C.P.; State v. C.K.(082732)(Morris, Bergen, Gloucester, Camden County & Statewide) (A-4-19; 082732)

 State v. G.E.P; State v. R.P.; State v. C.P.; State v. C.K.(082732)(Morris, Bergen, Gloucester, Camden County & Statewide) (A-4-19; 082732)

When all factors bearing upon retroactivity are weighed -- whether the rule's purpose "would be furthered by a retroactive application," the State's reliance on the previous rule, and "the effect a retroactive application would have on the administration of justice," State v. Henderson, 208 N.J. 208, 300 (2011) -- pipeline retroactivity is appropriate. Considering the evidence presented in G.E.P.'s case, the admission of CSAAS testimony did not deny him a fair trial, and the Court reverses the Appellate Division's judgment as to him. As to R.P., C.P., and C.K., the CSAAS testimony bolstering the alleged victims' testimony was clearly capable of producing an unjust result, and their convictions were thus properly reversed by the Appellate Division.