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STATE v. CABBELL

A-89/90 September Term 2009

24 A.3d 758 (2011)

207 N.J. 311

STATE of New Jersey, Plaintiff-Respondent, v. Timyan CABBELL, a/k/a Timyah Cabbell, Timyah S. Cabbell, Timyan S. Cabbell, Defendant-Appellant. State of New Jersey, Plaintiff-Respondent, v. John Yandain Calhoun, a/k/a John Calhoun, John Y. Calhoun, Jr., John V. Calhoun, Defendant-Appellant.

Supreme Court of New Jersey.

Decided July 26, 2011.

Attorney(s) appearing for the Case

Alison S. Perrone , Designated Counsel, argued the cause for appellant John Yandain Calhoun ( Yvonne Smith Segars , Public Defender, attorney; Ms. Perrone and William P. Welaj , Designated Counsel, on the briefs).

Jay L. Wilensky , Assistant Deputy Public Defender, argued the cause for appellant Timyan Cabbell ( Yvonne Smith Segars , Public Defender, attorney).

Jeanne Screen , Deputy Attorney General, argued the cause for respondent ( Paula T. Dow , Attorney General of New Jersey, attorney; Ms. Screen and Daniel I. Bornstein , of counsel and on the brief).

Timyan Cabbell submitted a letter brief pro se.

Justice ALBIN delivered the opinion of the Court.

The primary issue in this appeal is whether defendants were provided the opportunity to cross-examine two key State's witnesses, Karine Martin and Tyson Privott, consistent with the confrontation-clause requirements of our Federal and State Constitutions. We conclude that defendants were denied their constitutional right to confront Martin, but not Privott.

In a recorded statement to the police, Martin identified...

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