STATE v. MERCEDES

A-6 September Term 2017, A-7 September Term 2017 079995 and 080020.

183 A.3d 914 (2018)

233 N.J. 152

STATE of New Jersey, Plaintiff-Appellant, v. Jonathan MERCEDES, Defendant-Respondent. State of New Jersey, Plaintiff-Respondent, v. Hassan Travis, Defendant-Appellant.

Supreme Court of New Jersey.

Decided May 1, 2018.


Attorney(s) appearing for the Case

Kevin J. Hein , Assistant Prosecutor, argued the cause for appellant in State of New Jersey v. Jonathan Mercedes (A-6-17) ( Mary Eva Colalillo , Camden County Prosecutor, attorney; Kevin J. Hein, of counsel and on the briefs).

Robin Kay Lord , Trenton, argued the cause for respondent in State of New Jersey v. Jonathan Mercedes (A-6-17) (Law Offices of Robin Kay Lord, attorneys; Robin Kay Lord on the brief).

Sarah C. Hunt , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey in State of New Jersey v. Jonathan Mercedes (A-6-17) ( Christopher S. Porrino , Attorney General, attorney; Sarah C. Hunt, of counsel and on the brief).

Alexander R. Shalom argued the cause for amicus curiae American Civil Liberties Union of New Jersey in State of New Jersey v. Jonathan Mercedes (A-6-17) and State of New Jersey v. Hassan Travis (A-7-17) ( Edward L. Barocas , Legal Director, attorney; Alexander R. Shalom, Edward L. Barocas, and Jeanne M. LoCicero , on the briefs).

Elizabeth C. Jarit , Assistant Deputy Public Defender, argued the cause for appellant in State of New Jersey v. Hassan Travis (A-7-17) ( Joseph E. Krakora , Public Defender, attorney; Elizabeth C. Jarit and Scott M. Welfel , Assistant Deputy Public Defenders, of counsel and on the briefs).

Kayla Elizabeth Rowe , Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for respondent in State of New Jersey v. Hassan Travis (A-7-17) ( Robert D. Laurino , Essex County Prosecutor, attorney; Kayla Elizabeth Rowe, of counsel and on the brief).

Sarah Lichter , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey in State of New Jersey v. Hassan Travis (A-7-17) ( Christopher S. Porrino , Attorney General, attorney; Sarah Lichter, of counsel and on the brief).

John McNamara, Jr. , Supervising Assistant Prosecutor, argued the cause for amicus curiae County Prosecutors Association of New Jersey in State of New Jersey v. Hassan Travis (A-7-17) ( Richard T. Burke , President, attorney; John McNamara, Jr., of counsel and on the brief).


These consolidated appeals raise questions that relate to the Criminal Justice Reform Act (CJRA), N.J.S.A. 2A:162-15 to -26. After the law was enacted, the Court adopted various rules under its rulemaking authority.

We now revise one of those rules — Rule

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