STATE OF NEW JERSEY VS. DENARD C. TRAPP (17-01-0030, MONMOUTH COUNTY AND STATEWIDE)
A-3629-18
| N.J. Super. Ct. App. Div. | Jul 15, 2021Background:
- Defendant Trapp was indicted on charges including resisting arrest and aggravated assault; one count downgraded to municipal court before trial.
- Trapp represented himself with standby counsel; trial occurred February 13–14, 2019 in Monmouth County.
- After the judge charged the jury and recessed for lunch, eleven jurors (one non-alternate juror absent) began deliberations and reached a verdict within about 30 minutes.
- The court discovered only eleven jurors had deliberated, instructed the full twelve (excluding two alternates) to "start from scratch," and denied defendant's motion for a mistrial.
- Thirteen minutes after being sent back, the reconstituted twelve-person jury returned a guilty verdict on resisting arrest; defendant was sentenced to four years.
- On appeal the State conceded that adding the missing juror after a partial verdict was plain error; the Appellate Division reversed, vacated the conviction and remanded for a new trial.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Permissibility of adding a missing juror after a partial verdict | Reconstituting jury and restarting deliberations cures the defect | Adding juror after partial verdict is plain error; mistrial required | Adding a juror after a partial verdict is plain error; mistrial required |
| Whether restarting deliberations cures the defect | Restart with instruction to begin anew is sufficient remedy | Restart cannot erase prior closed deliberations; mistrial needed | Restart insufficient; court should declare mistrial when partial verdict rendered |
| Significance of swift verdict after reconstitution | Quick verdict not dispositive of prejudice | Rapid verdict (13 min) shows minds were closed; restart ineffective | Short deliberation supports concern that deliberations were tainted |
| Appropriate appellate remedy | Uphold verdict or remand only if harmless | Vacate conviction and remand for new trial | Conviction vacated; reversed and remanded for new trial |
Key Cases Cited
- State v. Horton, 242 N.J. 428 (2020) (substitution after partial verdict is plain error; mistrial required)
- State v. Corsaro, 107 N.J. 339 (1987) (rejects juror substitution after partial verdict)
- State v. Ross, 218 N.J. 130 (2014) (protecting mutuality of deliberations; mistrial when juror substitution risks taint)
- State v. Joel Williams, 171 N.J. 151 (2002) (deliberative mutuality is essential to jury trial guarantee)
- State v. Jenkins, 182 N.J. 112 (2004) (rapid verdict after reconstitution signals closed minds; mistrial should have been declared)
- State v. Yough, 208 N.J. 385 (2011) (standard of review for mistrial rulings is abuse of discretion)