State v. Jackson

607 A.2d 974, 128 N.J. 136, 1992 N.J. LEXIS 383

Opinions

ORDER

This matter having been presented to the Court on the applications of defendant for leave to appeal the May 8, 1992, order of the Law Division denying defendant’s motion for non-capital sentencing and defendant’s alternative motion for an evidentiary hearing (M-1280) and for a stay of trial (M-1281);

And the record having failed to set forth clearly the basis for the charging decision of the Prosecutor in the matter;

And good cause appearing;

It is ORDERED that the motion for leave to appeal (M-1280) is denied; and it is further

ORDERED that the motion for a stay of trial (M-1281) is granted; and it is further

ORDERED that the matter is summarily remanded to the Law Division with direction to the Prosecutor to determine forthwith the charging decision independently, de novo, and in accordance with the Guidelines for the Designation of Homicide Cases for Capital Prosecutions, approved by the Attorney General and the County Prosecutors Association; and it is further

ORDERED that the stay shall dissolve, without further Order of the Court, on the Prosecutor’s notification to defendant and the trial court of the Prosecutor’s charging decision; and it is further

ORDERED that the notice of the charging decision, whether it be to continue to proceed with a capital prosecution or otherwise, shall be in writing and shall set forth the reasons therefor.

Jurisdiction is not retained.