The Supreme Court Will Review the Exclusion of “Historical Context Testimony” in a Criminal Case

The Supreme Court announced that it has granted certification in State v. Moore. The question presented, as phrased by the Supreme Court Clerk’s office, is “Should defendant, who was charged with unlawful possession of a handgun, have been permitted to present historical context testimony, namely that he did not knowingly possess the gun because it was ‘planted’ on him by members of a gang in retaliation for defendant’s prior cooperation with law enforcement?” In an unpublished per curiam opinion, a two-judge Appellate Division panel affirmed the Law Division’s decision to exclude the historical context testimony as “not relevant to the charges to be tried.”