Supreme Court of New Jersey

State of New Jersey, Plaintiff-Appellant v. Carlos Feal, Defendant-Respondent

April 8, 2008194 N.J. 293

Summary

The Supreme Court of New Jersey held that the Daniels rule banning prosecutorial comments about a defendant's presence at trial applies retroactively on a pipeline basis, but that the prosecutor's remarks in this case did not constitute plain error. Accordingly, the Court reversed the Appellate Division’s reversal and remanded for further proceedings.