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STATE v. MORANT

241 N.J. Super. 121 (1990)

574 A.2d 502

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. JASON MORANT, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. REGINALD BARRETT, DEFENDANT-APPELLANT. STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT, v. MICHAEL BARRETT, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided May 9, 1990.

Attorney(s) appearing for the Case

John A. Klamo argued the cause for appellant Jason Morant in A-1575-87T4 (Avena, Friedman & Klamo, attorneys for appellant; John A. Klamo of counsel and on the brief).

Simon Louis Rosenbach, Middlesex County Assistant Prosecutor, argued the cause for respondent in A-1575-87T4 (Alan A. Rockoff, Middlesex County Prosecutor, attorney; Simon Louis Rosenbach of counsel and on the brief).

Alfred A. Slocum, Public Defender, attorney for appellant Reginald Barrett in A-1758-87T4 (James W. Donnelly, designated counsel, on the brief). Supplemental letter brief pro se.

Alfred A. Slocum, Public Defender, attorney for appellant Michael Barrett in A-2551-87T4 (Ruth A. Harrigan, designated counsel, of counsel and on the letter brief and reply brief).

Alan A. Rockoff, Middlesex County Prosecutor, attorney for respondents in A-1758 and 2551-87T4 (Simon Louis Rosenbach, Middlesex County Assistant Prosecutor, of counsel and on the briefs).

Before Judges O'BRIEN, HAVEY and STERN.

The opinion of the court was delivered by STERN, J.A.D.

The important issue raised on this appeal is whether a defendant can offer suppressed evidence against a codefendant in a joint possession case. Part of the evidence seized from a car and its trunk was suppressed, but the Barrett brothers sought to introduce that evidence against codefendant Morant on the theory that, if the jury knew the suppressed evidence was found in Morant's duffel bag in the trunk of the...

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