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STATE v. FRANCIS

926 A.2d 305 (2007)

191 N.J. 571

STATE of New Jersey, Plaintiff-Respondent and Cross-Appellant, v. Alturik FRANCIS, Defendant-Appellant and Cross-Respondent.

Supreme Court of New Jersey.

Decided June 27, 2007.

Attorney(s) appearing for the Case

David B. Glazer argued the cause for appellant and cross-respondent (Carl J. Herman and Glazer & Luciano, P.C., attorneys; Mr. Glazer and Mr. Herman, on the brief).

Steven J. Kaflowitz, Assistant Prosecutor, argued the cause for respondent and cross-appellant (Theodore J. Romankow, Union County Prosecutor, attorney).

Frank Muroski, Deputy Attorney General, argued the cause for amicus curiae, Attorney General of New Jersey (Stuart Rabner, Attorney General, attorney).

Justice RIVERA-SOTO delivered the opinion of the Court.

In this appeal, we address the related issues of the standard to be applied in respect of the presentation of evidence before a grand jury and what remedy is appropriate in the event that standard is violated. During its initial presentation of a capital murder case to the grand jury, the prosecution subpoenaed four family members of defendant Alturik Francis and questioned them concerning defendant's upbringing...

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