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STATE v. CABBELL

A-89/90 September Term 2009

24 A.3d 758 (2011)

207 N.J. 311

STATE of New Jersey, Plaintiff-Respondent, v. Timyan CABBELL, a/k/a Timyah Cabbell, Timyah S. Cabbell, Timyan S. Cabbell, Defendant-Appellant. State of New Jersey, Plaintiff-Respondent, v. John Yandain Calhoun, a/k/a John Calhoun, John Y. Calhoun, Jr., John V. Calhoun, Defendant-Appellant.

Supreme Court of New Jersey.

Decided July 26, 2011.

Attorney(s) appearing for the Case

Alison S. Perrone, Designated Counsel, argued the cause for appellant John Yandain Calhoun (Yvonne Smith Segars, Public Defender, attorney; Ms. Perrone and William P. Welaj, Designated Counsel, on the briefs).

Jay L. Wilensky, Assistant Deputy Public Defender, argued the cause for appellant Timyan Cabbell (Yvonne Smith Segars, Public Defender, attorney).

Jeanne Screen, Deputy Attorney General, argued the cause for respondent (Paula T. Dow, Attorney General of New Jersey, attorney; Ms. Screen and Daniel I. Bornstein, of counsel and on the brief).

Timyan Cabbell submitted a letter brief pro se.

Justice ALBIN delivered the opinion of the Court.

The primary issue in this appeal is whether defendants were provided the opportunity to cross-examine two key State's witnesses, Karine Martin and Tyson Privott, consistent with the confrontation-clause requirements of our Federal and State Constitutions. We conclude that defendants were denied their constitutional right to confront Martin, but not Privott.

In a recorded statement to the police, Martin identified...

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