John Rogers v. Cape May County Office of the Public
Defender (A-63-10; 067048)
Defendant was not “exonerated” until the indictment
was dismissed with prejudice on July 25, 2008, and his
claim was thus not barred by the one-year filing
limitation in N.J.S.A. 59:8-9. Nevertheless, because
the claim was filed ten days beyond the ninety-day
limit set forth in N.J.S.A. 59:8-8, further
proceedings are required to determine whether the
“extraordinary circumstances” standard in N.J.S.A.
59:8-9 was satisfied. 12-5-11
