STATE v. HOGUE


818 A.2d 325 (2003)

175 N.J. 578

STATE of New Jersey, Plaintiff-Respondent, v. Harrison HOGUE, a/k/a Jerry Hogue, Defendant-Appellant.

Supreme Court of New Jersey.

Decided March 25, 2003.


Attorney(s) appearing for the Case

Susan Brody, Assistant Deputy Public Defender, argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney).

Johanna Barba, Deputy Attorney General, argued the cause for respondent (Peter C. Harvey, Acting Attorney General of New Jersey, attorney).


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

Defendant was convicted of murder and two weapons offenses. On direct appeal before the Appellate Division, he filed a motion seeking a partial remand to the trial court to obtain forensic samples for DNA testing. The Appellate Division denied the motion and defendant moved for leave to file an interlocutory appeal from that decision. This Court granted defendant's motion.

The narrow question is whether...

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