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STATE v. DeMARCO

275 N.J. Super. 311 (1994)

646 A.2d 431

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT-CROSS-APPELLANT, v. JOHN C. DEMARCO, DEFENDANT, AND EDWARD T. BLAKE, D. CRIM., INTERVENOR-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided January 6, 1994.

Attorney(s) appearing for the Case

Barry C. Scheck, admitted pro hac vice, argued the cause for intervenor-appellant (Zulima V. Farber, Public Defender, attorney; Ruhnke & Barrett, Designated Counsel; Mr. Scheck, Lawrence A. Vogelman, Ellen Yaroshefsky and Peter J. Neufeld, on the brief).

Gilbert G. Miller, Assistant Prosecutor, argued the cause for respondent-cross-appellant (Nicholas L. Bissell, Jr., Somerset County Prosecutor, attorney; Mr. Miller and James R. Wronko, Assistant Prosecutor, of counsel and on the brief; James L. McConnell, Assistant Prosecutor, and Erwin K. Smith, Assistant Prosecutor, on the brief).

Jean D. Barrett argued the cause for defendant John C. DeMarco (Zulima V. Farber, Public Defender, attorney; Ruhnke & Barrett, Assigned Counsel; Ms. Barrett, on the brief).

Alan L. Zegas submitted a brief on behalf of amicus curiae Association of Criminal Defense Lawyers of New Jersey.

Before Judges GAULKIN, D'ANNUNZIO and WALLACE.

PER CURIAM.

The issue is whether the State may compel discovery of reports prepared by the defendant's expert witness for other clients in unrelated cases. The issue arises on the appeal of the expert witness, pursuant to leave granted, from an order denying his motion to quash a subpoena. We now reverse that order.

Defendant's first trial for capital murder and other related crimes, held in March 1993, ended in a mistrial due to the jury's deadlock during...

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