context: Our Supreme Court has consistently condemned conduct that invades the exclusive province of the jury to resolve factual disputes, assess credibility and decide whether the State's evidence establishes guilt.
citation_a.signal: no signal
citation_a.parenthetical: noting that a judge's comments on the evidence "must be designed to avoid unduly influencing or otherwise invading the province of the jury"
citation_a.sentence: State v. McLean, 205 N.J. 438, 463, 16 A.3d 332 (2011) (barring expert and lay opinion testimony on ultimate issues, which are the province of the jury); State v. Denofa, 187 N.J. 24, 43, 898 A.2d 523 (2006) (declaring resolution of factual disputes about territorial jurisdiction, an element of a crime, to be within the province of the jury not the court); State v. Frisby, 174 N.J. 583, 595, 811 A.2d 414 (2002) (noting that expert opinion on a witness’ credibility encroaches upon the province of the jury); State v. Biegenwald, 106 N.J. 13, 44, 524 A.2d 130 (1987) (noting that a judge’s comments on the evidence “must be designed to avoid unduly influencing or otherwise invading the province of the jury”); see also State v. Bradshaw, 195 N.J. 493, 510, 950 A.2d 889 (2008) (directing that “[a] prosecutor should neither argue facts that are not in the record, nor expressly or implicitly vouch for the credibility of the victim”); State v. Feaster, 156 N.J. 1, 81, 716 A.2d 395 (1998) (explaining that “[b]ecause it is exclusively within the province of the jury to find fact and evaluate witness credibility, a trial court may not vouch for the credibility of a witness”).
citation_b.signal: see also
citation_b.parenthetical: explaining that "[b]ecause it is exclusively within the province of the jury to find fact and evaluate witness credibility, a trial court may not vouch for the credibility of a witness"
citation_b.sentence: State v. McLean, 205 N.J. 438, 463, 16 A.3d 332 (2011) (barring expert and lay opinion testimony on ultimate issues, which are the province of the jury); State v. Denofa, 187 N.J. 24, 43, 898 A.2d 523 (2006) (declaring resolution of factual disputes about territorial jurisdiction, an element of a crime, to be within the province of the jury not the court); State v. Frisby, 174 N.J. 583, 595, 811 A.2d 414 (2002) (noting that expert opinion on a witness’ credibility encroaches upon the province of the jury); State v. Biegenwald, 106 N.J. 13, 44, 524 A.2d 130 (1987) (noting that a judge’s comments on the evidence “must be designed to avoid unduly influencing or otherwise invading the province of the jury”); see also State v. Bradshaw, 195 N.J. 493, 510, 950 A.2d 889 (2008) (directing that “[a] prosecutor should neither argue facts that are not in the record, nor expressly or implicitly vouch for the credibility of the victim”); State v. Feaster, 156 N.J. 1, 81, 716 A.2d 395 (1998) (explaining that “[b]ecause it is exclusively within the province of the jury to find fact and evaluate witness credibility, a trial court may not vouch for the credibility of a witness”).