State of New Jersey, Plaintiff-Appellant and Cross-Respondent v. Victor McCrary, Defendant-Respondent and…

Summary

The Supreme Court of New Jersey held that trial courts may conduct a pretrial summary review of the factual basis for aggravating factors in a capital case, allowing hearsay evidence and placing the burden on the State to show that evidence is not clearly lacking; dismissals are without prejudice and may be reasserted. Justice Handler concurred, expressing reservations about the evidentiary standards and emphasizing the need to guard against arbitrary prosecutorial discretion.