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STATE v. KARLEIN

197 N.J. Super. 451 (1984)

484 A.2d 1355

STATE OF NEW JERSEY, PLAINTIFF, v. JOSEPH T. KARLEIN, DEFENDANT.

Superior Court of New Jersey, Law Division Essex County.

Decided September 7, 1984.

Attorney(s) appearing for the Case

Kevin Daniels, Asst. Essex County Prosecutor, for plaintiff (George L. Schneider, Essex County Prosecutor, Attorney).

Rebecca Clark, Asst. Deputy Public Defender, for defendant (Joseph H. Rodriguez, Public Defender, Attorney).

NEWMAN, J.S.C.

This case raises the issue specifically left open in a footnote in State v. Jamison, 64 N.J. 363, 374, n. 1 (1974) of whether the defense may call a witness to the stand for the sole purpose of having the witness invoke the Fifth Amendment privilege in the presence of the jury.

The facts of the case as developed at trial are as follows. Defendant Joseph T. Karlein was convicted of possession of cocaine...

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