State v. Luis Melendez (081246) (Hudson County & Statewide) (A-22/23-18; 081246)
Under the reasoning of Garrity v. New Jersey, 385 U.S. 493 (1967), a defendant’s statements in an answer to a civil forfeiture action cannot be introduced in a parallel criminal proceeding in the State’s case in chief. Like the Appellate Division, the Court finds the error was harmless in light of other strong evidence connecting defendant to the apartment. The Court also agrees that criminal defendants who have been served with civil forfeiture complaints are entitled to enhanced notice of certain issues. The Court outlines several points about notice and refers the matter to the Civil and Criminal Practice Committees for further review.
Under the reasoning of Garrity v. New Jersey, 385 U.S. 493 (1967), a defendant’s statements in an answer to a civil forfeiture action cannot be introduced in a parallel criminal proceeding in the State’s case in chief. Like the Appellate Division, the Court finds the error was harmless in light of other strong evidence connecting defendant to the apartment. The Court also agrees that criminal defendants who have been served with civil forfeiture complaints are entitled to enhanced notice of certain issues. The Court outlines several points about notice and refers the matter to the Civil and Criminal Practice Committees for further review.
