cdTOCtest

with Hubbell that provided for dismissal of the charges unless the United States Supreme Court clarified that Hubbell’s immunity ...

ing the limits of the contempt power in some cases, the Court philosophized, “Not all prosecutions turn out perfectly. Sometimes ...

C. Defense Witnesses As noted, supra, New Jersey law establishes that use immunity may be conferred in criminal cases at the req ...

VI. THE TARGET DOCTRINE AND WARN- INGS TO WITNESSES The conferral of use immunity and subsequent use of immunized testimony vari ...

even though the coconspirator has an immunity to prosecution for the crime. N.J.S.A. 2C:5-3a(2). IX. JUVENILES N.J.S.A. 2A:4A-29 ...

c. There is a prosecutor who will try to convict him; d. He has a lawyer who will defend him; e. He would be expected to tell, t ...

understanding and has a rational as well as factual understanding of the proceedings against him.” II. PSYCHIATRIC OR PSYCHOLOGI ...

Upon the filing of such a report, the court may permit the following: Examination without cooperation; Appointment of a differe ...

the defendant should be dismissed with prejudice or held in abeyance. N.J.S.A. 2C:4-6c; State v. Moya, 329 N.J. Super. at 510. N ...

is requested, that the defendant has regained his fitness to proceed, the proceedings shall be resumed. N.J.S.A. 2C:4-6d. A defe ...

sufficient if the prosecutor simply reads the applicable statute and does not elaborate with a further explanation. See State v. ...

rape has different and greater elements relating to the ages of the victim and actor than first degree aggravated sexual assault ...

ness or retaliation suggested by a superseding indictment, which charged an additional count of welfare fraud, by the State’s ex ...

not successfully make an out-of-time challenge to the indictment despite the fact that a coconspirator successfully challenged h ...

several offenses in separate counts if the offenses are of similar character, or if they are based on the same act or transactio ...

State v. Mello, 297 N.J. Super. at 463-64; State v. Clark, 227 N.J. Super. 204, 209-10 (App. Div. 1988). In State v. Yoskowitz, ...

not an included offense of sexual assault or criminal sexual contact because it is not established “by proof of the same or less ...

INFORMANTSINFORMANTSINFORMANTSINFORMANTSINFORMANTS I. GOVERNMENTAL PRIVILEGE TO WITH- HOLD INFORMER’S IDENTITY The informer’s pr ...

Super. 252, 258-59 (App. Div. 1971). Disclosure is also generally denied where an informer merely introduces police to defendant ...

U.S. 945 (1973). The Court in McCray differentiated cases like Roviaro where guilt or innocense was at stake and cases like McCr ...