State v. Nash

Summary

The New Jersey Supreme Court considers whether Asida Nash was entitled to a new trial based on newly discovered evidence that the alleged victim was accompanied by an aide during the school day. The Court held that the evidence qualified as newly discovered evidence and that, if presented to the jury, it probably would have produced a different result. Because the integrity of the verdict was cast in doubt, the Court ordered a new trial on all charges.

Holdings

1. Nash did not establish constitutionally deficient performance by trial counsel because the PCR court's finding that counsel conducted a reasonably diligent investigation and made strategic decisions supported by the record was entitled to deference.
2. Nash did not establish prosecutorial misconduct or a due-process violation because the PCR court credited the prosecutor's testimony that she did not know that J.B. was monitored by an aide and would have disclosed the information had she possessed it.
3. Evidence that J.B. was assigned an aide who accompanied or closely monitored him throughout most of the school day was newly discovered evidence satisfying all three Carter prongs and warranting a new trial.
4. The new trial had to be conducted on all charges, including the charge involving K.L., because the principal's misleading testimony damaged Nash's overall credibility and that damage could not be compartmentalized.

Questions Presented

1. Whether Nash's trial counsel rendered ineffective assistance by failing to investigate and present evidence that an aide accompanied J.B. throughout the school day.
2. Whether the prosecutor committed misconduct or violated due process by withholding exculpatory information concerning J.B.'s aide or by eliciting misleading testimony from the school principal.
3. Whether evidence that a classroom aide was assigned to monitor and accompany J.B. constituted newly discovered evidence warranting a new trial under the Carter test.
4. Whether a new trial based on the evidence concerning J.B. should extend to all charges, including the charge involving K.L.

Disposition

reversed_and_remanded