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STATE v. NEULANDER

801 A.2d 255 (2002)

173 N.J. 193

STATE of New Jersey, Plaintiff, v. Fred NEULANDER, Defendant-Respondent. In re Application of Philadelphia Newspapers, Inc., Intervenor-Appellant.

Supreme Court of New Jersey.

Decided July 18, 2002.

Attorney(s) appearing for the Case

Warren W. Faulk argued the cause for appellant (Brown & Connery, attorneys).

Dennis Wixted argued the cause for respondent (Sufrin Zucker Steinberg Waller & Wixted, attorneys).

Thomas J. Cafferty argued the cause for amici curiae, The New Jersey Press Association, The Newspaper Association of America, Advance Publications, Inc., The New York Times Company and Reporters Committee for Freedom of the Press (McGimpsey & Cafferty, attorneys; Mr. Cafferty and Arlene M. Turinchak, on the brief).

The opinion of the Court was delivered by STEIN, J.

The issue in this appeal, one of first impression, concerns the power of a court, following a hung jury in a capital murder trial that will result in defendant's imminent retrial for capital murder, to prohibit representatives of the press from attempting to conduct interviews of the jurors after the trial court declared a mistrial.

This issue requires the Court...

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