Legal Opinion · Dissent

State v. James Denelsbeck(075170)

Supreme Court of New Jersey

Decided May 12, 2016No. A-42-14Published

1DissentJustice Albin

A person facing a fourth conviction for driving while intoxicated (DWI) has a right to a jury trial in every state except one — New Jersey. Our state holds this dubious distinction because, in the case of third and subsequent DWI offenses, the majority elevates *129“the State’s interest in the efficiency and cost-saving benefits of non-jury trials,” State v. Denelsbeck, 225 N.J. 103, 126, 137 A.3d 462, 2016 WL 2747896 (2016), above the Sixth Amendment guarantee of the right to a jury trial. However inefficient and costly a jury trial may be, the right to one is enshrined in the Federal Bill of…

2Cases cited35 opinions

  1. Blanton v. City of North Las VegasSupreme Court of the United States · 1989
  2. Brown v. Multnomah County District CourtOregon Supreme Court · 1977
  3. State v. EarlsSupreme Court of New Jersey · 2013
  4. State v. LaurickSupreme Court of New Jersey · 1990
  5. City of Pasco v. MacEWashington Supreme Court · 1983

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