SYLLABUS

(This syllabus is not part of the opinion of the Court. It has been prepared by the Office of the Clerk for the convenience of the reader. It has been neither reviewed nor approved by the Supreme Court. Please note that, in the interests of brevity, portions of any opinion may not have been summarized).

John Rogers v. Cape May County Office of the Public Defender (A-63-10) (067048)

Argued September 27, 2011 -- Decided December 5, 2011

Long, J., writing for a unanimous Court.

In this appeal, the Court considers whether defendant was “exonerated” at the point at which his conviction was reversed and the case was remanded for trial, or on the day that the indictment was dismissed. The former date would subject defendant’s claim to the one-year time-bar in N.J.S.A. 59:8-9 and the latter would not.