State v. Johnson, 24 A.3d 842

Shooting death of Michael Newkirk in Newark July 9, 2006; indictment included murder, unlawful handgun possession, and possession of a weapon for unlawful purpose.
Jury acquitted Johnson of murder and weapon-for-unlawful-purpose, but convicted him of unlawful handgun possession without a permit.
Defendant received an extended-term sentence due to extensive prior record, seven years in prison.
Key prosecution witnesses included a 17-year-old juvenile whose prior statement implicated Johnson but later conflicted at trial.
Issues centered on (1) bankston/branch limitations and trial comments, (2) admissibility of a prior inconsistent statement under N.J.R.E. 803(a)(1), (3) mug-shot database reference by detective and its prejudicial effect, and (4) whether these errors collectively required a new trial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Instructional burden and Bankston/Branch compliance	Johnson argues Bankston/Branch were violated by the prosecution and court.	Johnson contends improper circumvention of hearsay limits hurt confrontation rights.	Bankston/Branch violations require new trial.
Admissibility of prior inconsistent statement	State asserts reliability under Gross factors supported admissibility.	Defense challenges reliability, including coercion and impairment.	Statement admitted; no reversible error on this point.
Prejudicial reference to undisclosed information about defendant	State claims invited error; defense opened door.	No invited error; the combination of errors prejudiced trial.	Violations of Bankston/Branch and related commentary mandate new trial.
Detective Sheppard's mug-master testimony and aggregate prejudice	Reference to mug master was inadvertent and harmless.	Such testimony implied criminal record and tainted the trial.	Plain error; reversed and remanded for new trial.

State v. Bankston, 63 N.J. 263 (1973) (hearsay limitations; risk when inference suggests guilt from undisclosed source)
State v. Branch, 182 N.J. 338 (2005) (photo array; prohibits implying information from undisclosed sources)
State v. Gross, 121 N.J. 1 (1990) (reliability factors for prior statements admissibility)
State v. Locurto, 157 N.J. 463 (1999) (credibility; weighing witness reliability for admissibility of prior statements)
State v. Wakefield, 190 N.J. 397 (2007) (aggregate errors; new trial warranted when overall trial unfair)
State v. Cribb, 281 N.J. Super. 156 (App. Div. 1995) (mug-shot references; generally impermissible but fleeting references often not reversible)
State v. Taplin, 230 N.J. Super. 95 (App. Div. 1988) (plain error standard when defense does not object)