STATE OF NEW JERSEY VS. SHAFFONA MORGAN
A-4468-08T4
In this appeal, we hold that a series of ex parte
communications between the trial judge and the jury did not
compromise the integrity of the jury deliberations requiring the
reversal of defendant's conviction. We also hold that, under
the circumstances of this case, the court did not violate
defendant's right to a fair trial or impugn the integrity of the
jury's deliberative process by permitting the jurors to take
copies of sections of the charge with them over a weekend. We
nevertheless caution trial courts against engaging in such a
practice without expressed authority and guidance from the
Supreme Court. We refer this issue to the Civil and Criminal
Practice Committees to develop recommendations to the Supreme
Court to either explicitly forbid the practice, or permit it
under specific guidelines.
12-29-11
