STATE v. BROWN


118 N.J. 595 (1990)

573 A.2d 886

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. JAMES BROWN AND RONALD EMM, DEFENDANTS-RESPONDENTS.

The Supreme Court of New Jersey.

Decided May 14, 1990.


Attorney(s) appearing for the Case

Simon Louis Rosenbach, Assistant Prosecutor, argued the cause for appellant (Alan A. Rockoff, Middlesex County Prosecutor, attorney).

Barry T. Albin argued the cause for respondent James Brown (Wilentz, Goldman & Spitzer, attorneys; Barry T. Albin and Jeffrey L. Menkin, on the briefs).

William G. Brigiani argued the cause for respondent Ronald Emm (Brigiani, Gelzer, Cohen & Schneider, attorneys; William G. Brigiani and Phyllis Joy Cohen, on the briefs).

Larry R. Etzweiler, Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Peter N. Perretti, Jr., Attorney General, attorney).


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

The defendants, James Brown and Ronald Emm, became involved in an apparent driving contest that resulted in Brown's car striking a third vehicle, killing its driver. Both defendants were indicted for death by auto, tried jointly, and convicted. On a post-verdict motion, the trial court held that the defendants had been prejudiced by their joint trial because their defenses...

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