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STATE v. WEAVER

A-104 September Term 2011, 069185

97 A.3d 663 (2014)

219 N.J. 131

STATE of New Jersey, Plaintiff-Respondent, v. Jahnell WEAVER, Defendant-Appellant.

Supreme Court of New Jersey.

Decided September 8, 2014.

Attorney(s) appearing for the Case

Kevin G. Byrnes, Designated Counsel, argued the cause for appellant (Joseph E. Krakora, Public Defender, attorney).

Jason Magid, Assistant Prosecutor, argued the cause for respondent (Warren W. Faulk, Camden County Prosecutor, attorney; Nancy P. Scharff, Assistant Prosecutor, on the letter briefs).

Alexander R. Shalom argued the cause for amicus curiae American Civil Liberties Union of New Jersey (Edward L. Barocas, Legal Director and Ronald K. Chen, Acting Dean of Rutgers Constitutional Litigation Clinic Center for Law & Justice, attorneys; Mr. Shalom, Mr. Barocas, and Jeanne M. Locicero, of counsel and on the brief).

Brian J. Uzdavinis, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (John J. Hoffman, Acting Attorney General, attorney).

Judge CUFF (temporarily assigned) delivered the opinion of the Court.

On a warm summer evening in late June 2004, approximately fifty young men and women gathered at the Camden apartment of a recent high school graduate to celebrate her graduation. Later in the evening, a verbal argument erupted on the street in front of the apartment between two young men — Jahnell Weaver and Edward Williams. Each had a friend standing...

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