State v. Rolando Terrell

Summary

The Supreme Court of New Jersey affirmed the Appellate Division’s judgment substantially for the reasons stated in its per curiam opinion. The case addressed the exclusion of defense expert testimony concerning voice identification, admission of the State’s gang-related expert testimony, and the replacement of a deliberating juror. Justice Albin dissented in part, concluding that the trial court inadequately established a permissible basis for removing the juror under Rule 1:8-2(d)(1).

Holdings

1. The Appellate Division properly upheld the trial court's discretionary limits on the defense expert's proposed testimony; the limitations did not require reversal.
2. The Appellate Division properly upheld admission of the State's circumscribed gang-expert testimony.
3. On the majority's view, the trial court properly exercised its judgment in excusing Juror Number Two and seating an alternate because the record supported a personal emotional inability to continue and deliberations had not progressed so far that a mistrial was required.

Questions Presented

1. Whether the trial court improperly limited the testimony of the defense expert concerning factors affecting the reliability of earwitness voice identification.
2. Whether the trial court improperly admitted the State's gang-activity expert testimony.
3. Whether the trial court improperly excused and replaced Juror Number Two during deliberations without adequately determining that her inability to continue was personal and unrelated to the deliberative process.

Disposition

affirmed