STATE OF NEW JERSEY VS. D.F.W. (20-01-0101, CAMDEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED)

S

RECORD IMPOUNDED NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2220-20 STATE OF NEW JERSEY, Plaintiff-Respondent, APPROVED FOR PUBLICATION July 22, 2021 v. APPELLATE DIVISION D.F.W., Defendant-Appellant. _______________________ Argued May 12, 2021 – Decided July 22, 2021 Before Judges Ostrer, Accurso and Enright. On appeal from an interlocutory order of the Superior Court of New Jersey, Law Division, Camden County, Indictment No. 20-01-0101. Eric J. Liszewski, Assistant Deputy Public Defender, argued the cause for appellant (Joseph E. Krakora, Public Defender, attorney; Elizabeth C. Jarit, Deputy Public Defender, and Eric J. Liszewski, of counsel and on the briefs). Maura M. Sullivan, Special Deputy Attorney General/ Acting Assistant Prosecutor, argued the cause for respondent (Jill S. Mayer, Acting Camden County Prosecutor, attorney; Maura M. Sullivan, of counsel and on the briefs). The opinion of the court was delivered by OSTRER, P.J.A.D. How long a defendant may be detained under the Criminal Justice Reform Act (the Act), N.J.S.A. 2A:162-15 to -26, is not a simple matter of turning pages on a calendar. The Act authorizes a court to detain defendants pending trial if they pose risks, which no combination of non-monetary and monetary conditions could reasonably control, that they would endanger the community, obstruct justice, or not appear. N.J.S.A. 2A:162-18(a)(1); R. 3:4A. But the Act limits the length of such detentions to ensure speedy trials, and to mitigate presumed innocent defendants' loss of liberty. N.J.S.A. 2A:162-22(a)(2)(a); R. 3:25-4. In this appeal, by leave granted, we address two of those time limitations. The first is the "180-day clock." Once 180 days have passed after indictment without trial — excluding various delays caused by the defendant, the prosecutor, or the court — a defendant must be released (subject to conditions), unless the prosecutor makes an additional showing. N.J.S.A. 2A:162-22(a)(2)(a) (requiring release); R. 3:25-4(c) (same); N.J.S.A. 2A:162- 22(b)(1)(a)-(m) (listing excluded delays); R. 3:25-4(i) (1)-(13) (same). But the 180-day period "shall" be extended if there is a superseding indictment. N.J.S.A. 2A:162-22(a)(2)(b)(ii); R. 3:25-4(f). Relying on that authority, the 2 A-2220-20 trial court here added another 180 days to defendant's detention. We must decide if that was warranted. The second time limitation we review is the "two-year clock." After two years' detention without trial, excluding only delays the defendant caused, the defendant must be released (subject to conditions) "if . . . the prosecutor is not ready to proceed to voir dire or to opening argument, or to the hearing of any motions that had been reserved for the time of trial." N.J.S.A. 2A:162- 22(a)(2)(a); see also R. 3:25-4(d) (two-year clock); N.J.S.A. 2A:162-17 (release conditions); R. 3:25-4(d) (same). At a pretrial conference in February 2020, the prosecutor announced she was ready to proceed, the trial judge scheduled trial to start two months later, and he delivered Hudson warnings to defendant about the consequences of not appearing. 1 But, the next month, the COVID-19 pandemic halted criminal trials, including defendant's. The trial court later held that the prosecutor's …

Original document

Add comment

By

Recent Posts

Recent Comments