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STATE v. MABEN

132 N.J. 487 (1993)

626 A.2d 63

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT, v. KENNETH N. MABEN, DEFENDANT-RESPONDENT.

The Supreme Court of New Jersey.

Decided June 23, 1993.

Attorney(s) appearing for the Case

Lisa Sarnoff Gochman, Deputy Attorney General, argued the cause for appellant (Robert J. Del Tufo, Attorney General of New Jersey, attorney; Ms. Gochman and James E. Jones, Jr., Deputy Attorney General, of counsel and on the brief).

Robert L. Sloan, Assistant Deputy Public Defender, argued the cause for respondent (Zulima V. Farber, Public Defender, attorney).

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

At issue in this sexual-assault case is whether the out-of-court statements of an alleged child victim who did not testify at trial were properly admitted under Evidence Rule 63(33). Central to that inquiry is whether pursuant to Evidence Rule 62(6) the State has demonstrated that it has been "unable, despite due diligence, to procure the attendance of the witness."

The trial court, holding...

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