STATE v. BLANKS


190 N.J. Super. 269 (1983)

463 A.2d 359

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. EDWARD BLANKS, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 19, 1983.


Attorney(s) appearing for the Case

Joseph H. Rodriguez, Public Defender of New Jersey, attorney for appellant (Mark P. Stalford, Designated Counsel, of counsel and on the brief).

Irwin I. Kimmelman, Attorney General of New Jersey, attorney for respondent (David V. Brody, Deputy Attorney General, of counsel and on the letter brief).

Before Judges ARD, KING and McELROY.


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

The issue here is whether the doctrine of manifest necessity permits a second criminal trial despite a plea of double jeopardy where the trial judge sua sponte declared a mistrial during the first trial to protect the ends of public justice.

Defendant was indicted for armed robbery, N.J.S.A. 2C:15-1, and possession of a handgun without a permit, N.J.S.A. 2C:39-5(b). In February 1982...

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