Muni-Mail – Head-smash flashlight is protected from discovery – State v. Kelsey

[2/13/13 3:28pm]  In this morning’s Appellate Division decision in State v. Kelsey, the Court ruled that a court order requiring a criminal defendant to turn over a piece of physical evidence to the prosecutor violates the right to remain silent.  In the case, a brawl at a local bar resulted in an assault where the defendant allegedly used a flashlight to beat a victim.  The prosecution sought a court order compelling the defendant to turn the flashlight over to the State. The Appellate Division held that such an order would violate NJRE 503 and the general right of New Jersey defendants to remain silent.

The following is a link to State v. Kelsey:

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