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

Summary

The Supreme Court of New Jersey affirmed Corby's robbery conviction, holding that the trial court's instruction that the defendant's failure to testify raises a strong presumption of guilt was not plain error. The Court also clarified that such instructions should be framed as a permissive inference rather than a mandatory presumption, and that the adjective “strong” may be used at the trial judge’s discretion. Justice Weintraub, concurring, noted the same result but questioned the propriety of authorizing a “strong” inference.