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SUPERIOR COURT
CRIMINAL ACTION Nos.85-63;
85-64; 85-66; 85-67; 85-2678;
85-2679; 85-2680
vs.
CHERYL AMIRAULT LeFAVE
//Note 1-- Violet Amirault, who was the subject of similar indictments and tried with the defendant, died on September 12, 1997.//
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Despite the long history of this case, the issues raised in this motion have never been fully considered by a justice of the Superior Court, until now. The claims made in the motion and the nature of the newly discovered evidence required this Court to conduct a complete review of the entire record. //Note 2//
This opinion is divided in the following manner. Section 1 (p. 3) contains the procedural history; Section II (p. 4) sets forth a summary of my findings and rulings; in Section III (p. 8) the Court sets out its findings of fact; Section IV (p. 95) contains the New Trial and Newly Discovered Evidence Standards; Section V (p. 104) explains how the newly discovered evidence is admissible; in Section VI (p. 108) the Court explains the relevance of the New Jersey Supreme Court decision in State v. Michaels; Section VII (p. 128) explains the Court's ruling that the defendant's claims in this motion are not waived nor moot; Section VIII contains the Court's conclusion that under a totality of all the circumstances the defendant is also entitled to a new trial (p. 138); the Court's Order is found in Section IX (p. 140).
For the following reasons, the defendant's motion is allowed.
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