State v. Hogue

The opinion of the Court was delivered by

ZAZZALI, J.

Defendant was convicted of murder and two weapons offenses. On direct appeal before the Appellate Division, he filed a motion seeking a partial remand to the trial court to obtain forensic samples for DNA testing. The Appellate Division denied the motion and defendant moved for leave to file an interlocutory appeal from that decision. This Court granted defendant’s motion.

The narrow question is whether defendant may request samples for DNA testing on direct appeal of his conviction or whether he must wait until the conclusion of the direct…