Constance Wright and Augustus Wright, Jr., Plaintiffs-Respondents v. Samuel Bernstein and Walbern Manufacturing…

Summary

The Supreme Court of New Jersey reversed the judgment and remanded for a new trial because the trial court erred in refusing a mistrial after a juror gave a false answer on voir dire that deprived the defendant of a peremptory challenge. The Court held that the right to peremptory challenge is a substantive right that, when impaired, mandates a mistrial regardless of demonstrated prejudice.