STATE v. BURNS


929 A.2d 1041 (2007)

192 N.J. 312

STATE of New Jersey, Plaintiff-Appellant, v. Ronald BURNS, Defendant-Respondent.

Supreme Court of New Jersey.

Decided July 26, 2007.


Attorney(s) appearing for the Case

Maura K. Tully, Deputy Attorney General, argued the cause for appellant (Stuart Rabner, Attorney General of New Jersey, attorney).

Frank J. Pugliese, Assistant Deputy Public Defender, argued the cause for respondent (Yvonne Smith Segars, Public Defender, attorney).

Christopher D. Adams and Leigh-Anne Mulrey, Roseland, submitted a brief on behalf of amicus curiae, Association of Criminal Defense Lawyers of New Jersey (Walder, Hayden & Brogan, attorneys).


Justice WALLACE, JR., delivered the opinion of the Court.

In this appeal, we must determine whether defendant was deprived of a fair trial when the trial court permitted a witness to express before the jury that he refused to answer specific questions. The Appellate Division concluded that although the witness's refusal to testify was not based on a Fifth Amendment privilege, it was error to permit the witness to refuse to answer specific questions in front of the...

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