On April 27, 2015, Hackensack attorney Kevin W. Roe presented oral argument before the Supreme Court of New Jersey in the matter of State of New Jersey v. Julius Smith.
Mr. Smith was charged with an armed robbery in Jersey City, New Jersey in 2009. On the first day of his trial, he was informed that another man with a similar description had been arrested in possession of the property of the victim and had warrants out of Jersey City. A request for a mistrial to investigate the crucial new evidence. The request was denied and Mr. Smith was convicted.
The Supreme Court of New Jersey granted certification on the following question: Should the trial court have granted defendant’s motion for a mistrial or, alternatively, granted a continuance to allow defendant to investigate the newly discovered evidence revealed during trial?
On April 27, 2015, the Supreme Court heard oral argument. A decision is forthcoming.
To view video from the oral argument: https://www.judiciary.state.nj.us/webcast/archive.htm