Supreme Court of New Jersey

State of New Jersey, Plaintiff-Appellant v. Bobby Perry (a/K/A Bobby Penny), Defendant-Respondent

May 17, 2016225 N.J. 222

Summary

The Supreme Court of New Jersey held that DNA evidence of an unidentified semen stain on the victim’s shorts was inadmissible under the State’s Rape Shield Law because it was not relevant to either the consent issue or the defendant’s third‑party guilt theory and its probative value was substantially outweighed by prejudice. Accordingly, the Court reversed the Appellate Division’s decision and reinstated the defendant’s convictions. The Court also affirmed that the trial court’s exclusion of the evidence did not violate the defendant’s constitutional right to present a complete defense.