State v. Long
State v. Long
Opinion of the Court
The opinion of the court was delivered by
We granted the State’s motion for leave to appeal from an interlocutory order permitting defendant, who is charged with a capital offense, to challenge the composition of the grand and petit jury arrays in Atlantic County, affording the accused the right to an evidentiary hearing and staying the trial. This appeal also concerns the efficacy of a related omnibus order
The facts essential to resolution of the issues presented here are not in dispute and are essentially a matter of record. The Atlantic County grand jury returned a multi-count indictment charging defendant with murder, armed robbery and a variety of related weapons offenses. On September 6, 1983, defendant entered a plea of not guilty and filed a plethora of pretrial motions including a challenge to the grand jury array. Although the record is somewhat ambiguous, both parties agree that the latter motion was ultimately withdrawn. On May 30, 1984, the jury selection process commenced. On that day, defense counsel sought to attack the composition of the petit jury venire claiming “insufficient minority representation.” The trial judge summarily rejected defendant’s claim upon the ground that it was untimely. It subsequently developed, however, that the number of available jurors on the special panel selected for the capital case was insufficient. See R. 1:8-5. Based upon the joint application of the prosecutor and defense counsel, the existing panel was struck and the trial was rescheduled for July 24, 1984. The trial judge cautioned defense counsel that if he intended to challenge the array he was to file the appropriate application “no later than 30 days in advance of trial.”
Pursuant to the trial court’s direction, defendant filed a notice of motion on June 21, 1984, requesting an evidentiary hearing pertaining to the constitutionality of the grand and petit jury selection process, full discovery with respect to the issue and a stay of trial. A hearing was conducted on July 5,
Apparently persuaded by defense counsel’s arguments, the trial judge granted the application for discovery and an evidentiary hearing. An order was entered staying the trial. Subsequently, the Presiding Judge entered orders precluding the dismissal of similar motions pending in capital cases on the basis of timeliness, consolidating such applications for a hearing and staying all such trials pending disposition of the grand and petit jury challenges. The court rejected the prosecutor’s request to proceed with the capital trials and the evidentiary hearing concurrently. Subsequent motions for reconsideration were denied.
The State contends that defendant’s challenge to the grand and petit jury arrays was filed well beyond the appropriate time period provided by our rules and should have been dismissed. The principal thrust of the State’s claim is that such a motion must be made within 30 days of entry of the original plea absent a showing of good cause. The necessary predicate to the prosecutor’s argument is that £.1:8-3, £.3:6-2 and £.3:10-5 should be read in pari materia. Alternatively, the State contends that £.1:8-3, which requires resolution of questions per
We note at the outset that our rules are somewhat ambiguous with respect to the requisite time periods within which motions challenging the grand and petit jury arrays must be filed. 72.1:8-3 merely provides that a challenge to the petit array must be decided “before any individual juror is examined.” 72.3:6-2 is substantially more specific and states that a challenge to the grand jury array is to be made “within 30 days of the service of the complaint or within 30 days of the entry of a plea, whichever is later, or within such further time as the court permits.” (emphasis added). Although the latter rule seems simple enough, its relationship to 72.3:10-1, 72.3:10-2 and 72.3:10-5 creates substantial interpretive problems. 72.3:10-1 states that “[a]ny defense or objection capable of determination without trial ... may be raised before trial____” In a somewhat similar vein, 72.3:10-2 provides that “defenses and objections based on defects in the institution of the prosecution or in the indictment ... must be made by motion before trial____” Finally, 72.3:10-5 states that all “motion[s] made pursuant to 72. 3:10 which [are] required or permitted to be made before trial shall be made within 30 days of the initial plea to the charge, but the■ court may for good cause shown enlarge the time thereafter.” (emphasis added). Arguably, a motion attacking the petit jury array constitutes a “defense or objection capable of determination without trial” under 72.3:10-1 and, therefore,
We have no occasion to decide the question here, however, because we are satisfied that the trial judge did not abuse his discretion in permitting defendant to challenge the grand and petit jury arrays out of time. We recognize that acceptance of such eleventh hour claims is by no means constitutionally compelled. Parker v. North Carolina, 397 U.S. 790, 798-799, 90 S.Ct. 1458, 1462-1463, 25 L.Ed.2d 785, 792-793 (1970); Michel v. Louisiana, 350 U.S. 91, 93-95, 76 S.Ct. 158, 160-161, 100 L.Ed. 83 (1956). See also Davis v. United States, 411 U.S. 233, 93 S.Ct. 1577, 36 L.Ed.2d 216 (1973); State v. Laws, 50 N.J. 159, 182-183 (1967), on reargument modified on other grounds 51 N.J. 494 (1968), cert. den. 393 U.S. 971, 89 S.Ct. 408, 21 L.Ed.2d 384 (1968); State v. Butler, 155 NJ.Super. 270, 271
We are greatly concerned with the Presiding Judge’s decision not to relax our rules and permit capital cases to be tried concurrently with the hearing on the consolidated motions. The court’s decision that all motions were to be resolved prior to trial was predicated upon the provisions of 72.1:8-3. We do not doubt that generally motions attacking the grand or petit jury arrays should be heard and decided before trial. Nonetheless, the facts here are somewhat unusual. The effect of the Presiding Judge’s decision is to compel a virtual moratorium on the conduct of capital trials. We note that the rules are designed to secure “simplicity in procedure, fairness in administration and the elimination of unjustifiable expense and delay.” State v. Emmett, 108 N.J.Super. 322, 325 (App.Div. 1970).
Finally, we agree with the argument advanced by the State that the Presiding Judge exceeded his authority when he issued a blanket order precluding the prosecutor from attacking challenges to the grand and petit jury arrays on the basis of timeliness in all pending capital cases. In our view, the order is overly broad and contravenes settled principles which permit the State to raise the issue of waiver. See, e.g., Davis v. United States, supra; Parker v. North Carolina, supra; Michael v. Louisiana, supra; State v. Laws, supra; State v. Butler, supra. Of course, we do not doubt the broad authority vested in the Presiding Judge to take appropriate steps to insure “the expeditious processing to disposition of all matters filed within his unit.” R. 1:33-6. Clearly, the court was authorized to consolidate all pending motions attacking the grand or petit jury arrays. However, this authority does not include the power to decide in blanket fashion all underlying procedural issues without affording the right to a hearing or argument and without consideration of the individual circumstances attendent to each case. We believe that the Presiding Judge mistakenly exercised his discretion in that regard.
In sum, we affirm the order permitting defendant to attack the composition of the grand and petit jury arrays, granting the right to discovery and an evidentiary hearing, and staying the trial. We also affirm the order consolidating all such challenges in capital cases for the purpose of a hearing and staying the trials pending disposition of the questions presented. The order barring the dismissal of all such applications on the ground of timeliness is hereby reversed.
We note, however, that federal habeas corpus was subsequently granted resulting in the dismissal of 95 indictments. See Smith v. Yeager, 465 F.2d 272 (3rd Cir. 1972), cert. den. 409 U.S. 1076, 93 S.Ct. 685, 34 L.Ed.2d 665 (1972).
Reference
- Full Case Name
- STATE OF NEW JERSEY v. RICHARD E. LONG, DEFENDANT-RESPONDENT
- Cited By
- 5 cases
- Status
- Published