State v. Habeeb Robinson(078900) (Essex County and Statewide), 160 A.3d 1

Background

New Jersey enacted the Criminal Justice Reform Act (CJRA), effective Jan. 1, 2017, permitting pretrial detention when no combination of conditions reasonably assures appearance, public safety, or prevents obstruction; detained defendants get expedited speedy-trial protections and a risk-assessment (PSA).
Rule 3:4-2(c)(1)(B) required prosecutors seeking pretrial detention to provide “all statements or reports in its possession relating to the pretrial detention application” and all exculpatory evidence; the Rule was more expansive than federal practice.
Habeeb Robinson was charged with murder and related weapons offenses; the affidavit of probable cause referenced two anonymous eyewitnesses, photo identifications, and a surveillance video noted in the PLEIR; PSA recommended detention.
Trial court ordered disclosure of the two eyewitness statements, identification photos, any initial police/incident reports, and the surveillance video; Appellate Division affirmed; the State appealed to the Supreme Court.
The Supreme Court held that Rule 3:4-2(c)(1)(B) requires disclosure of statements/reports and PLEIRs as specified but does not require turnover of surveillance/video/audio files; the Court revised and clarified Rule 3:4-2(c).

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Scope of discovery under Rule 3:4-2(c)(1)(B) for detention hearings	Rule requires disclosure of materials the State relies on for detention; broad discovery ensures fair opportunity to challenge detention	State argued Rule should be narrow: affidavit of probable cause and PLEIR suffice; broad disclosure is onerous and converts detention hearings into mini-trials	Court: ‘‘statements or reports’’ must be disclosed when they relate to affidavit of probable cause, additional evidence relied on at hearing, risk factors advanced, and all exculpatory material; PLEIR should be disclosed when available; Rule revised accordingly
Whether surveillance/video/audio files must be disclosed pre-indictment for detention hearings	Defense/ACLU: underlying materials including video that the State relies upon should be disclosed	State: video disclosure is burdensome; not required by Rule text; summary or affidavit suffices until indictment	Court: plain Rule language covers ‘‘statements or reports,’’ not raw audiovisual files; videos/audio need not be disclosed pre-indictment except that any statement/report summarizing them must be; full videos disclosed at indictment or pre-indictment plea under Rule 3:13-3
Treatment of PLEIR and risk of State using it to avoid discovery	Defense warned prosecutors might bury facts in PLEIR to avoid discovery; Rule should treat PLEIR contents as discoverable	State argued PLEIR is preliminary and should not trigger broad automatic disclosure of underlying materials	Court: PLEIR should be disclosed when available but statements/reports referenced only in PLEIR need not be disclosed unless relied on in affidavit or at hearing; AOC asked to clarify PLEIR form to avoid incorporation into affidavit
Due process adequacy of the discovery regime at detention hearings	Defense argued broader discovery is required to protect liberty and avoid erroneous detention	State argued CJRA protections (counsel, testimony, cross-exam, clear-and-convincing standard) suffice; broad discovery would unduly burden prosecutions	Court: Revised Rule plus CJRA safeguards satisfy procedural due process under Mathews balancing and Salerno; broader disclosure would impose undue administrative burden given tight CJRA timeframes

Key Cases Cited

United States v. Salerno, 481 U.S. 739 (upholding federal pretrial detention scheme; relevant to due process and regulatory/punitive distinction)
Mathews v. Eldridge, 424 U.S. 319 (balancing test for procedural due process)
State v. Henderson, 208 N.J. 208 (standards for documenting and disclosing photo identifications)
State v. Delgado, 188 N.J. 48 (identification procedure guidance)
State v. W.B., 205 N.J. 588 (prosecutor possession includes law enforcement materials)
State v. Murphy, 36 N.J. 172 (State obligation to produce materials held by agents)
State v. Gibson, 218 N.J. 277 (probable cause standard discussion)
State v. Brown, 205 N.J. 133 (evidence for probable cause vs. conviction standard)
State v. Johnson, 61 N.J. 351 (historical discussion of bail in New Jersey)
State v. Fortin, 198 N.J. 619 (context re: elimination of death penalty and bail implications)