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State v. Harrison

New Jersey Superior Court, Appellate Division


Decided: April 17, 1972.

STATE OF NEW JERSEY, PLAINTIFF-APPELLANT AND CROSS-RESPONDENT,
v.
GEORGE HARRISON AND EDWARD R. MAYS, DEFENDANTS-RESPONDENTS AND CROSS-APPELLANTS

Collester, Mintz and Lynch.

Per Curiam

[119 NJSuper Page 2]

The State and defendants, pursuant to leave, granted appeal from an order for discovery entered pursuant to R. 3:13-3 prior to the trial of an indictment for murder.

The order directed the county prosecutor to permit defendants to inspect, copy or photograph all statements and reports of police officers who may be called to testify as witnesses at the trial. However, the court did not grant defendants' motions to inspect, copy or photograph other police reports relating to the investigation of the case.

We have considered the arguments advanced by both the State and defendants on this appeal and conclude that the order should be affirmed substantially for the reasons expressed in the opinion of Judge Joelson in the Passaic County Court, 118 N.J. Super. 299 (Law Div. 1972). While the opinion did not specifically refer to defendants' argument

[119 NJSuper Page 3]

that they were entitled to discovery of all police reports because such reports might reveal exculpatory information, the judge ruled during the hearing that the prosecutor has an absolute obligation to reveal such information if it is disclosed during the State's investigation. We concur in that ruling. See Disciplinary Rule 7-103, R. 1:14; Brady v. Maryland , 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963), and comment to R. 3:13-3, New Jersey Court Rules (1971).

Affirmed.

19720417


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