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STATE v. WESSELLS

A-27 September Term 2009, 064599

37 A.3d 1122 (2012)

209 N.J. 395

STATE of New Jersey, Plaintiff-Respondent, v. John WESSELLS, Defendant-Appellant.

Supreme Court of New Jersey.

Reargued November 30, 2011.

Remanded June 4, 2010.

Decided February 29, 2012.

Attorney(s) appearing for the Case

John J. McMahon, Chief Trial Attorney, argued the cause for appellant (Joseph E. Krakora, Public Defender, attorney).

Hilary L. Brunell, Executive Assistant Prosecutor and Debra G. Simms, Deputy Chief Assistant Prosecutor, argued the cause for respondent (Carolyn A. Murray, Acting Essex County Prosecutor, attorney).

Robert E. Bonpietro and Ashlea D. Thomas, Deputy Attorneys General, argued the cause for amicus curiae Attorney General of New Jersey (Paula T. Dow, Attorney General, attorney).

Justice HOENS delivered the opinion of the Court.

This appeal turns on whether police questioning of defendant John Wessells following his arrest violated his previously-invoked right to counsel and therefore rendered the statements he made at that time involuntary. Our answer to that question rests on both the meaning of and the retroactive effect to be given to the decision of the United States Supreme Court, issued after the events in question, analyzing the implications...

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