STATE of New Jersey, Plaintiff-Appellant,
v.
Darryl NIEVES, Defendant-Respondent.
State of New Jersey, Plaintiff-Appellant,
v.
Michael Cifelli, Defendant-Respondent.
Superior Court of New Jersey, Appellate Division.https://leagle.com/images/logo.png
Argued May 15, 2023.
Decided September 13, 2023.
Attorney(s) appearing for the Case
David M. Liston , Assistant Prosecutor, argued the cause for appellant ( Yolanda Ciccone , Middlesex County Prosecutor, attorney; David M. Liston, of counsel and on the briefs).
Cody Tyler Mason , Deputy Public Defender, argued the cause for respondent Darryl Nieves ( Joseph E. Krakora , Public Defender, attorney; Cody Tyler Mason, of counsel and on the brief).
Philip Nettl argued the cause for respondent Michael Cifelli (Benedict and Altman, attorneys; Joseph Benedict and Philip Nettl, New Brunswick, on the brief).
Carter E. Greenbaum (Paul, Weiss, Rifkind, Wharton & Garrison LLP) of the New York and California bars, admitted pro hac vice, argued the cause for amicus curiae Medical Physicians ( Steven C. Herzog (Paul, Weiss, Rifkind, Wharton & Garrison LLP), Carter E. Greenbaum , Tania Brief (Innocence Project, Inc.) of the New York bar, admitted pro hac vice, Audra J. Soloway (Paul, Weiss, Rifkind, Wharton & Garrison LLP) of the New York bar, admitted pro hac vice, David Cole (Paul, Weiss, Rifkind, Wharton & Garrison LLP) of the District of Columbia and Massachusetts bars, admitted pro hac vice, Robyn Bernstein (Paul, Weiss, Rifkind, Wharton & Garrison LLP) of the New York bar, admitted pro hac vice, and Michael Bass (Paul, Weiss, Rifkind, Wharton & Garrison LLP) of the New York bar, admitted pro hac vice, attorneys; Steven C. Herzog , of counsel and on the brief; Tanya Brief, Audra J. Soloway, David Cole, Robyn Bernstein, Kirsten Dedrickson , and Michael Bass, on the brief).
Nakul Y. Shah argued the cause for amici curiae The Innocence Network and Center for Integrity in Forensic Sciences (Riker Danzig LLP, attorneys; Lance J. Kalik , of counsel and on the brief; Nakul Y. Shah, Morristown, on the brief).
Ethan Kisch argued the cause for amici curiae Biomechanical Engineers Lindsay "Dutch" Johnson, Ph.D., Ken Monson, Ph. D., and Kirk Thibault, Ph.D., D-IBFES (Gibbons PC, attorneys; Lawrence S. Lustberg and Ethan Kisch, Newark, on the brief).
Before Judges Gooden Brown, DeAlmeida and Mitterhoff.
The opinion of the court was delivered by
GOODEN BROWN, J.A.D.
In these appeals, we consider the scientific reliability of expert testimony that shaking alone can cause the injuries associated with shaken baby syndrome (SBS), also known as abusive head trauma (AHT). The State sought to admit the testimony to prove aggravated assault and...
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