# State v. Long

> Supreme Court of New Jersey · July 15, 2002 · 173 N.J. 138

URL: https://www.frixlaw.com/law-library/cases/9753442

## Case

- **Full name:** State of New Jersey, Plaintiff-Appellant, v. Carole Long, Defendant-Respondent
- **Court:** Supreme Court of New Jersey
- **Decided:** July 15, 2002
- **Citations:** 173 N.J. 138; 801 A.2d 221; 2002 N.J. LEXIS 910
- **Precedential status:** Published
- **Opinion:** Concurrence by Poritz
- **Judges:** Poritz, Stein, Coleman
- **Cited by:** 103 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9753442

## How later opinions describe it (automated extraction)

- holding that "even a somewhat lengthy delay will not always prevent a statement from being admissible under Rule 803(c)(2)" because the Rule focuses instead "on whether nervous excitement was generated, whether there was a reasonable proximity in time between the event and the…
- finding the defendant's previous incarceration and indictment for the attempted murder of a victim admissible in defendant's trial for arranging the murder of the victim because the evidence was relevant to the defendant's motive, intent, and plan to commit the murder
- noting that “[i]n deciding whether there was an opportunity to fabricate or deliberate, a court should consider ‘the element of time, the circumstances of the incident, the mental and physical condition of the declarant, and the nature of the utterance’” (quoting State v. Will…
- finding the hearsay rule, N.J.R.E. 801(c), applies when testimony is offered to prove the truth of the statement attributed to the declarant
- holding A-3169-16T4 12 murder defendant's statement had great probative value as the only evidence regarding motive

## Opinion text

PORITZ, C.J.,
concurring.
Like my colleagues, I would admit the statements made by defendant to Tracey on August 27 and 28 under N.J.R.E. 803(c)(2) and (3). I write separately to note that although the res gestae principle, standing alone, has been discredited by scholars as a basis to admit otherwise inadmissible evidence, where, as here, its use is tethered to specific Evidence Rules, it remains a useful interpretive tool.
Justice LONG joins in this concurrence.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9753442. Public record. Not legal advice.