NJ Appellate Court finds Prosecutorial Misconduct

May 25, 2010

State v. Frank G. Dellisanti, ? N.J. ?, 2010 N.J. LEXIS 387 (April 27, 2010) - Convictions reversed on other grounds. "We agree with defendant and with the Appellate Division that the prosecutor's line of questioning compelled defendant to comment starkly on the credibility of the witnesses against him. If during the retrial the State seeks to emphasize to the jury a lack of believability in the defendant's conspiracy theory, it must do so without asking the defendant repeatedly to comment on
whether another testifying witness or witnesses are lying."