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STATE v. JENKINS

837 A.2d 1125 (2003)

365 N.J. Super. 18

STATE of New Jersey, Plaintiff-Respondent, v. Leardee JENKINS, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided December 18, 2003.

Attorney(s) appearing for the Case

Linda Mehling, Assistant Deputy Public argued the cause for appellant (Yvonne Smith Segars, Public Defender, attorney; Ms. Mehling, of counsel and on the brief).

James L. McConnell, Assistant Prosecutor argued the cause for respondent (Wayne J. Forrest, Somerset County Prosecutor, attorney; Mr. McConnell, of counsel and on the brief).

Before Judges SKILLMAN, COBURN and FISHER.

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

A deliberating juror, unsettled by her emotional feelings toward the defendant's predicament, was removed from the jury by the trial judge and replaced by an alternate. Defendant was convicted twenty-three minutes later. Because the juror's empathy for the defendant was not a circumstance which rendered the juror either ill or otherwise unable to continue deliberating...

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