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STATE v. OGBURNE

235 N.J. Super. 113 (1989)

561 A.2d 667

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. DAVID OGBURNE, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided July 21, 1989.

Attorney(s) appearing for the Case

Alfred A. Slocum, Public Defender, attorney for appellant (Vito Sciancalepore, Designated Counsel, of counsel and on the brief).

Donald R. Belsole, Acting Attorney General, attorney for respondent (Jessica S. Oppenheim, Deputy Attorney General, of counsel and on the brief).

Before Judges KING, BRODY and SKILLMAN.

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

The primary issue presented by this appeal is whether a defendant may be excluded from an in camera hearing conducted under the Rape Shield Law, N.J.S.A. 2C:14-7, to determine the admissibility of evidence of any previous sexual conduct of the alleged victim. We conclude that a trial court lacks the authority to exclude a defendant from such a hearing.

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