IN RE HINSINGER


180 N.J. Super. 491 (1981)

435 A.2d 850

IN RE THE MATTER OF ERIC HINSINGER, CHARGED WITH CONTEMPT.

Superior Court of New Jersey, Appellate Division.

Decided August 20, 1981.


Attorney(s) appearing for the Case

John M. Apicella, Assistant Deputy Public Defender, argued the cause for appellant Eric Hinsinger (Stanley C. Van Ness, Public Defender, attorney).

Thomas A. Penn, Deputy Attorney General, argued the cause for respondent State of New Jersey (James R. Zazzali, Attorney General of New Jersey, attorney).

Before Judges KOLE, JOELSON and McELROY.


The opinion of the court was delivered by KOLE, J.A.D.

On March 18, 1981 Eric Hinsinger (hereafter "defendant") was arrested as a material witness in the murder prosecution of James Vidovic. After a hearing at which four psychiatrists testified, Judge DiGisi found that defendant was competent to testify.

On June 12, 1981 defendant was called as a witness in the Vidovic case but refused to swear or affirm, or give testimony, despite the judge's instructions...

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