The New Jersey Supreme Court on Aug. 12 ordered a new trial for a man convicted of murder, saying the trial judge was wrong to admit a witness’s recanted statement into evidence without requiring her to appear in court based on the belief that the witness had feigned memory loss.

In a unanimous ruling, the court said admitting the statement, without the defense having the opportunity to cross-examine the witness, violated the defendant’s rights under the Sixth Amendment’s confrontation clause.