State v. Heisler
New Jersey Appellate Division has established a new procedure in drug prosecutions for both the Municipal and Superior courts. The Court construed NJSA 2C:35-19 to require, at least 20-days before trial, the prosecution must put the defense on notice of its intent to use documentary evidence from a forensic laboratory to prove the composition of the drugs that are the subject of the prosecution. Under this new procedure, the 10-day period to file an objection by the defense does not begin to run until the defendant has been served by the prosecutor with both a notice of intent to offer and the lab results. The failure of the State to follow this procedure will result in a bar at trial to the admission of the documentary drug evidence.
Thursday, May 26, 2011
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