New Refusal Burden of Proof Applies Retroactively – State v. Yengo (UNP)

[2/17/06 – 12:22 pm] This morning’s UNPUBLISHED Appellate Division opinion in State v. Yengo applies the “beyond a reasonable doubt” standard of proof now mandated in refusal cases to a matter that was tried before this burden was the required. In State v. Cummings, 184 N.J. 84 (2005), the Supreme Court ruled that the burden of proof in a refusal case is beyond a reasonable doubt. In the Yengo case, the defendant was convicted prior to the Cummings decision on what was obviously the former burden of proof, a preponderance of the evidence.

The Appellate Division vacated the guilty finding in Yengo and remanded the case for reconsideration to the Law Division.

Download a copy of State v. Yengo, an UNPUBLISHED decision.

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