State v. Hamm

Supreme Court of New Jersey

State v. Hamm

583 A.2d 302, 121 N.J. 596, 1990 N.J. LEXIS 346

DecidedJanuary 12, 1990

StatusPublished

This text of 583 A.2d 302 (State v. Hamm) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Hamm, 583 A.2d 302, 121 N.J. 596, 1990 N.J. LEXIS 346 (N.J. 1990).

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Opinion

This matter having been duly considered by the Court, it is ORDERED that pending the resolution of the within appeal and that in State v. John Graff and State v. Jeffrey Ellis, all pending and future cases brought under N.J.S.A. 39:4-50 are to proceed to trial without a jury; and it is further

[597]*597ORDERED that any defendant who wishes to preserve the jury trial issue may do so by raising it on his or her appeal to the Law Division; and it is further

ORDERED that appeals in the Law Division and the Appellate Division that raise the jury trial issue are hereby stayed pending the disposition of the within matter, Graff, and Ellis; and it is further

ORDERED that any motion for a stay of all or part of a drunk driving sentence shall be brought in the court in which the appeal is pending and disposition of that motion shall rest in the sound discretion of that court.

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This matter having been duly considered by the Court, it is ORDERED that pending the resolution of the within appeal and that in State v. John Graff and State v. Jeffrey Ellis, all pending and future cases brought under N.J.S.A. 39:4-50 are to proceed to trial without a jury; and it is further

[597]*597ORDERED that any defendant who wishes to preserve the jury trial issue may do so by raising it on his or her appeal to the Law Division; and it is further

ORDERED that appeals in the Law Division and the Appellate Division that raise the jury trial issue are hereby stayed pending the disposition of the within matter, Graff, and Ellis; and it is further

ORDERED that any motion for a stay of all or part of a drunk driving sentence shall be brought in the court in which the appeal is pending and disposition of that motion shall rest in the sound discretion of that court.

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Bluebook (online)

583 A.2d 302, 121 N.J. 596, 1990 N.J. LEXIS 346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hamm-nj-1990.