State v. Jerome Shaw, Jr. A-59-18
Invoking its supervisory authority, the Court holds that if grand juries decline to indict on two prior occasions, the State must obtain advance approval from the Assignment Judge before it can submit the same case to a third grand jury. To decide whether to permit a third presentation, Assignment Judges should consider whether the State has new or additional evidence to present; the strength of the State’s evidence; and whether there has been any prosecutorial misconduct in the prior presentations. Based on the circumstances of this case, which did not violate defendant’s right to a fundamentally fair grand jury presentation, the Court affirms the judgment of the Appellate Division and declines to dismiss defendant’s indictment
