Supreme Court of New Jersey
State of New Jersey, Plaintiff-Respondent v. Steven R. Fortin, Defendant-Appellant
February 6, 2004178 N.J. 540
Summary
The Supreme Court of New Jersey held that the trial court erred by refusing to allow voir dire on the prejudicial other‑crime evidence and by permitting expert testimony without a reliable database, vacated the capital convictions and death sentence, and remanded for a new trial; it also clarified procedural rules governing aggravating‑factor indictment and jury instruction. Justice Verniero, in a partial concurrence/dissent, argued that the Court should not alter the longstanding practice of notifying defendants of aggravating factors without grand‑jury indictment and disagreed with the majority’s view on the retroactive application of the life‑without‑parole statute.