State of New Jersey, Plaintiff-Respondent v. John Phelps, A/K/A J.P., A/K/A Johnny, Defendant-Appellant

Summary

The Supreme Court of New Jersey affirmed the conviction of police officer John Phelps, holding that the trial court properly admitted coconspirator hearsay statements under Evidence Rule 63(9)(b) using a fair preponderance standard for independent proof, and that the judge alone determines admissibility under Evidence Rule 8(1). The Court also adopted the fair preponderance of the evidence as the appropriate standard and declined to require a mistrial or special jury instruction. Justice Handler dissented, arguing that the jury should assess the adequacy of independent proof and receive cautionary instructions.