The State of New Jersey, Plaintiff-Respondent v. Roy Allen Corby, Defendant-Appellant

Summary

The Supreme Court of New Jersey affirmed Corby's conviction, holding that the trial court's instruction that the defendant's failure to testify raised a strong presumption that he could not truthfully deny inculpatory facts did not constitute plain error. The Court clarified that such instructions should be framed as a permissive inference rather than a mandatory presumption. A concurring opinion by Chief Justice Weintraub joined the majority, while Justice Weiftkaub, C.J. filed a separate concurrence criticizing the use of the term “strong.”