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STATE v. TINNES

877 A.2d 313 (2005)

379 N.J. Super. 179

STATE of New Jersey, Plaintiff-Respondent, v. Joseph W. TINNES, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 12, 2005.

Attorney(s) appearing for the Case

Michael J. Rogers, Somerville, argued the cause for appellant (McDonald & Rogers, attorneys; Mr. Rogers, of counsel and on the brief).

James L. McConnell, Somerville, argued the cause for respondent (Wayne J. Forrest, Somerset County Prosecutor; Mr. McConnell, of counsel and on the brief).

Before Judges WEFING, PAYNE and C.S. FISHER.

The opinion of the court was delivered by

FISHER, J.A.D.

In this appeal, we conclude that defendant was deprived of a fair trial because his counsel was required to utilize eight of his ten peremptory challenges prior to the trial judge determining whether any of the seated prospective jurors had a hardship that would have prevented them from serving. Once that question was posed, five of the fourteen satisfactory jurors were excused for hardship reasons,...

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