Tuesday, December 18, 2012

New Jersey Supreme Court Will Decide Whether Showing of Videotaped Testimony inside the Jury Room Requires a New Trial.



In the case State v. A.R. the Appellate Division held that the jurors’ unsupervised viewing of videotaped testimony in the jury room without court supervision required a new trial. 

In that case the judge trying the case along with the prosecutor and defense attorney were unaware that two days into this trial the New Jersey Supreme Court decided State  v. Burr, 195 N.J. 119 (2008), a case which I argued to the New Jersey Supreme Court and won.  In Burr, the Supreme Court ruled that in order for the jury to view the tape in context, and that some portions of the tape are not emphasized over other, the jury must view all videotape testimony in open court in the presence of the judge and counsel.

Because the Judge and attorneys were unaware of the Burr decision the trial court allowed the jury to view the videotape testimony in the jury room in the A.R. case.

The Burr case continues to be a seminal case in the field of criminal law in the State of New Jersey .

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Dated: December 18, 2012

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