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STATE v. MILLER

A-35 September Term 2011, 068558

76 A.3d 1250 (2013)

216 N.J. 40

STATE of New Jersey, Plaintiff-Respondent, v. Terrence MILLER, Defendant-Appellant.

Supreme Court of New Jersey.

Decided October 2, 2013.

Attorney(s) appearing for the Case

Amira R. Scurato, Assistant Deputy Public Defender, argued the cause for appellant (Joseph E. Krakora, Public Defender, attorney).

Dorothy A. Hersh, Assistant Prosecutor, argued the cause for respondent (Joseph L. Bocchini, Jr., Mercer County Prosecutor).

Alexander R. Shalom argued the cause for amicus curiae American Civil Liberties Union of New Jersey Foundation (Edward L. Barocas, Legal Director, attorney).

Carol M. Henderson, Assistant Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Jeffrey S. Chiesa, Attorney General, attorney).

Peter J. Gallagher, Morristown, submitted a brief on behalf of amicus curiae Criminal Defense Lawyers of New Jersey (Porzio, Bromberg & Newman, attorneys).

Justice PATTERSON delivered the opinion of the Court.

By virtue of a reassignment within the Mercer County Office of the Public Defender (OPD), defendant Terrence Miller did not meet his attorney until the morning on which his trial was scheduled to begin. The attorney advised the court he was prepared to proceed with the trial but noted defendant's concern that defendant and his counsel had not had sufficient time together prior to the commencement of the proceeding...

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