STATE v. SIMS


65 N.J. 359 (1974)

322 A.2d 809

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. CURTIS SIMS AND RONALD WARD, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided July 16, 1974.


Attorney(s) appearing for the Case

Mr. Martin F. Siegal, Assistant Prosecutor of Essex County, argued the cause for plaintiff-appellant (Mr. Joseph P. Lordi, Prosecutor of Essex County, attorney; Mr. R. Benjamin Cohen, Assistant Prosecutor, and Mr. Siegal, of Counsel and on the brief).

Mr. Robert Westreich, Assistant Deputy Public Defender, argued the cause for defendants-respondents (Mr. Stanley C. Van Ness, Public Defender, attorney; Mr. Westreich, of Counsel and on the brief).


The opinion of the Court was delivered by CLIFFORD, J.

This case calls upon the Court to clarify the law in New Jersey with respect to when the State may appeal the grant of a new trial to a criminal defendant. It thus requires reexamination of the standard set forth in dictum in State v. LaFera, 42 N.J. 97, 104 (1964) which would permit a State to seek leave to appeal only if the trial court's grant of a new trial were based...

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