No. 22-5436

Oraine D. Brown v. New Jersey

Lower Court: New Jersey
Docketed: 2022-08-24
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: criminal-procedure discovery discovery-rules due-process judicial-discretion new-jersey-court-rule pre-indictment-discovery prosecutorial-misconduct prosecutorial-motion speedy-trial trial-commencement trial-postponement
Key Terms:
DueProcess Privacy
Latest Conference: 2022-11-18 (distributed 2 times)
Question Presented (AI Summary)

Can a trial judge postpone a trial on its commencement date at the prosecutor's motion for additional discovery without establishing how the opposing party (defendant) failed to comply with any discovery rule pursuant to N.J.C.R. 3:13-3(b)(f)?

Question Presented (OCR Extract)

QUESTIONS PRESENTED ; The substantial questions of law and issues that warrants this Court’s intervention: ; : (1) Can a trial judge postpone a trial on its commencement date at the prosecutor’s motion for additional discovery without establishing how the opposing party (defendant) failed to comply with any discovery rule pursuant to N.J.C.R. 3:13-3(b) (£)? (1T . ‘ 3-7 to 5-2) . New Jersey Court Rule 3:13-3(b)(f) (f) Continuing Duty to Disclose; Failure to Comply. There shall be a continuing duty to provide discovery pursuant to this rule. If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this rule or with an order issued pursuant to this rule, it may order such party to permit the discovery of materials not previously disclosed, grant a continuance or delay during trial, or prohibit the party from | introducing in evidence the material not disclosed, or it may enter such other order as it deems : appropriate. | (2) Can discovery which is available pre-indictment and produced in the prosecutor’s office be considered new discovery | . to the prosecutor on the commencement date of a defendant’s trial? (

Docket Entries

2022-11-21
Rehearing DENIED.
2022-11-02
DISTRIBUTED for Conference of 11/18/2022.
2022-10-08
2022-10-03
Petition DENIED.
2022-09-01
DISTRIBUTED for Conference of 9/28/2022.
2022-08-24
Waiver of right of respondent New Jersey to respond filed.
2022-08-18
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due September 23, 2022)

Attorneys

New Jersey
Frank J. DucoatEssex County Prosecutor's Office, Respondent
Frank J. DucoatEssex County Prosecutor's Office, Respondent
Oraine D. Brown
Oraine D. Brown — Petitioner
Oraine D. Brown — Petitioner