State v. Dupree

MENZA, J.S.C.

The issue before the court in this case is whether a defendant is entitled to a pretrial hearing regarding his Miranda rights and the voluntariness of his confession * where he has fully and fairly participated in the determination of these issues in a prior trial. This question was left open in State v. Powell, 176 N.J.Super. 190, 196 (App.Div.1980), certif. den. 87 N.J. 333 (1981).

For the reasons hereafter stated I conclude that a second Miranda hearing is not required under the facts of this case.

As part of an investigation into the robbery of a Gino’s restaurant in Elizabeth…