Opinion
M-1077 September Term 2020 085665
05-07-2021
ORDER
It is ORDERED that defendant's motion for direct certification is granted, limited to defendant's challenge to the hybrid virtual/in-person jury selection procedure. All remaining issues are severed and shall proceed in the Superior Court, Appellate Division in the ordinary course.
It is further ORDERED that defendant's challenge to the hybrid virtual/inperson jury selection procedure shall be deemed pending on appeal in the Supreme Court, and further proceedings on that issue shall be conducted in accordance with the following expedited, peremptory schedule and any further instructions of the Clerk of the Court:
• Defendant shall file a brief on or before 4:30 p.m. on May 17, 2021;• The State shall file a brief in response on or before 4:30 p.m. on May 27, 2021;• Should any entity wish to participate as amicus curiae, such entity shall serve and file its amicus brief, and those entities who have not previously been granted leave to appear amicus curiae also must file a motion for leave to appear, on or before 4:30 p.m. on May 27, 2021;• Defendant and the State may serve and file responses to the amicus curiae briefs, together with answers to any motions for leave to participate, on or before 4:30 p.m. on June 7, 2021. No further submissions shall be accepted without leave of Court. It is further ORDERED that the matter shall be set down for oral argument on June 29, 2021, at a time to be scheduled by the Clerk of the Court.