Supreme Court of New Jersey

State of New Jersey, Plaintiff-Petitioner v. Frank M. Miller, Jr., Defendant-Respondent

May 24, 197876 N.J. 392

Summary

The Supreme Court of New Jersey held that the defendant's taped confession was voluntary and admissible, that the substitution of an alternate juror after deliberations began under Rule B.1:8-2(d) is constitutionally permissible, and that the failure to give the alternate juror the supplemental charge did not prejudice the defendant. The Court reversed the Appellate Division and reinstated the murder conviction. A dissent argued that the confession was involuntary and the juror substitution violated the right to a jury trial.