Supreme Court of New Jersey

State of New Jersey, Plaintiff-Respondent v. Diego Vallejo, A/K/A Diego Valljotaragury, Diego Taragury and Diego T…

March 10, 2009198 N.J. 122

Summary

The Supreme Court of New Jersey reversed the Appellate Division and remanded for a new trial, holding that the admission of prior domestic‑violence incidents and the restraining‑order testimony, coupled with an inadequate curative instruction, constituted error clearly capable of producing an unjust result. The Court applied a plain‑error analysis and found the trial judge’s instruction insufficient to cure the prejudice. The dissent argued that the evidence, though improper, did not prejudice the verdict given the overwhelming proof of guilt. The opinion also discusses the standards for curative instructions and the prejudicial effect of other‑crimes evidence.