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Sunday, December 08, 2019

STATE OF NEW JERSEY VS. ANTOINE WILLIAMS (18-02-0353 AND 18-02-0354, MIDDLESEX COUNTY AND STATEWIDE) (A-5648-18T4)

The court granted leave to consider a trial court ruling about excludable time under the Criminal Justice Reform Act. In this case, excludable time was generated by two separate pretrial motions, which, for a while, were pending at the same time. The trial judge ordered that the excludable time permitted for one motion would not commence until the excludable time for the other motion ended. The court reversed, holding that the applicable statute and rule mandate that excludable time for an eligible pretrial motions commences when the motion is filed, and may expire in whole or in part simultaneously. Courts have no authority to "stack" excludable time periods.