are not bound by lower federal court decisions involving either constitutional or statutory interpretation, we do give such decisions due respect in an attempt to create “judicial comity” and avoid forum shopping. Dewey v. R.J. Reynolds Tobacco Co., 121 N.J. 69, 79-80, 577 A.2d 1239 (1990). We are not bound by lower federal courts because “state courts and the lower federal courts have the same responsibility and occupy the same position; there is parallelism but not paramountey for both sets of courts are governed by the same reviewing authority of the Supreme Court.” State v. Coleman, 46 N.J. 16, 36, 214 A.2d 393 (1965) , cert. denied, 383 U.S. 950, 86 S.Ct. 1210, 16 L.Ed.2d 212 (1966) . See also State v. One 1994 Ford Thunderbird, 349 N.J.Super. 352, 364, 793 A.2d 792 (App.Div.2002) (<HOLDING>). We are not free to determine whether Ray’s
holding that although walker v birmingham 388 us 307 87 sct 1824 18 led2d 1210 1967 upheld a rule that barred collateral challenges of contempt citations appellant nevertheless could challenge his contempt citation on habeas because california elected not to adopt a collateral bar rule holding that our courts are bound by the united states supreme courts interpretation of the federal constitution holding the rule that an accused has a right to counsel at any critical confrontation announced in united states v wade 388 us 218 87 sct 1926 18 led2d 1149 and gilbert v california 388 us 263 87 sct 1951 18 led2d 1178 not to be retroactive holding that errors of federal constitutional dimension occurring at the penalty phase of a capital trial are generally subject to harmlesserror review under the beyondareasonabledoubt test of chapman v california 1967 386 us 18 24 17 led2d 705 710711 87 sct 824 24 alr3d 1065 holding that bjecause there has never been a definitive statement by the united states supreme court clarifying the recognized ambiguity in cooper v california 386 us 58 87 sct 788 17 led2d 730 1967  we are free to adopt our own view of its holding unconstrained by opinions of federal courts of appeal