STATE v. RODRIQUEZ, N.J., Judgment, Law, casemine.com

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Attorney(S)

Joan D. Van Pelt, Deputy Public Defender, argued the cause for appellant ( Susan L. Reisner, Acting Public Defender, attorney; Ms. Van Pelt and Katherine Lusby, Designated Counsel, of counsel and on the brief). Carol M. Henderson, Deputy Attorney General, argued the cause for respondent ( Deborah T. Poritz, Attorney General of New Jersey, attorney).

Judges

PER CURIAM.
O'HERN, J., dissenting.

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STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. EMILIO RODRIQUEZ,DEFENDANT-APPELLANT.

PER CURIAM.

The judgment is affirmed, substantially for the reasons expressed in the Appellate Division opinion, reported at 264 N.J. Super. 261, 624 A.2d 605 (1993).

O'HERN, J., dissenting.

I believe that Rule 3:13-2, which allows the videotaped deposition of a material witness to be used at trial in order to "prevent manifest injustice," does not contemplate the partial use of such deposition testimony (live direct examination; taped cross-examination) except in the rarest of circumstances. To permit such splitting of the testimony of a key state witness in a relatively short criminal trial creates, rather than prevents, manifest injustice.

For affirmance — Chief Justice WILENTZ and Justices CLIFFORD, HANDLER, POLLOCK, GARIBALDI, and STEIN — 6.

Dissenting — Justice O'HERN — 1.

STATE v. RODRIQUEZ

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. EMILIO RODRIQUEZ,DEFENDANT-APPELLANT.

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