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State v. Lyle

Supreme Court of New Jersey
Dec 3, 1981
446 A.2d 121 (N.J. 1981)

Opinion

December 3, 1981.


The Court having determined that the certifications were improvidently granted; It is ORDERED that the within appeals be and hereby are dismissed.


I joined the dissenting opinion in State v. Lyle, 73 N.J. 403, 414 (1977), holding that defendant's partial silence was properly usable to affect his credibility. However, the majority of the Court ruled otherwise. This ruling became the law of the case. Under these circumstances, I agree with the Appellate Division that the defendant should be retried under the guidelines in the majority opinion. Though I concur in the order vacating the grant of the petition for certification, I continue to adhere to the dissent. See also Jenkins v. Anderson, 447 U.S. 231, 100 S.Ct. 2124, 65 L.Ed.2d 86 (1980), and Anderson v. Charles, 447 U.S. 404, 100 S.Ct. 2180, 65 L.Ed.2d 222 (1980).


Summaries of

State v. Lyle

Supreme Court of New Jersey
Dec 3, 1981
446 A.2d 121 (N.J. 1981)
Case details for

State v. Lyle

Case Details

Full title:STATE OF NEW JERSEY v. ANDREW HENRY LYLE

Court:Supreme Court of New Jersey

Date published: Dec 3, 1981

Citations

446 A.2d 121 (N.J. 1981)
89 N.J. 381