State of New Jersey, Plaintiff-Respondent v. Robert Smith, Defendant-Appellant

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded for a new trial, holding that the prosecutor's comments about defense experts' fees constituted prosecutorial misconduct that was not harmless. The Court found the remarks improperly suggested bias and prejudice, and the curative instruction was insufficient to cure the error. A concurring opinion agreed with the reversal and urged reconsideration of jury instructions on expert fees.