STATE v. MORGAN

A-119-11 September Term 2011, 069967

84 A.3d 251 (2013)

217 N.J. 1

STATE of New Jersey, Plaintiff-Respondent, v. Shaffona MORGAN, Defendant-Appellant.

Supreme Court of New Jersey.

Decided August 8, 2013.


Attorney(s) appearing for the Case

Stefan Van Jura , Assistant Deputy Public Defender, argued the cause for appellant ( Joseph E. Krakora , Public Defender, attorney; Mr. Van Jura and Daniel J. Brown , Designated Counsel, on the briefs).

Daniel A. Matos , Assistant Prosecutor, argued the cause for respondent ( Joseph L. Bocchini, Jr. , Mercer County Prosecutor, attorney; Mr. Matos and Dorothy A. Hersh , Assistant Prosecutor, on the letter briefs).

Michael Noriega argued the cause for amicus curiae American Civil Liberties Union of New Jersey Foundation ( Edward L. Barocas , Director, attorney; Mr. Noriega, Newark , and Alexander R. Shalom , on the brief).


Chief Justice RABNER delivered the opinion of the Court.

In this case, a trial judge had two ex parte discussions with a jury, while it was deliberating, and allowed the jurors to take home written copies of part of the jury instructions. Settled case law makes clear that ex parte communications with a jury are improper and must always be avoided. In addition, when a judge gives written instructions to a jury, the relevant court rule requires that the instructions...

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