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

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

Defendant was not “exonerated” until the indictment

was dismissed with prejudice on July 25, 2008, and his

claim was thus not barred by the one-year filing

limitation in N.J.S.A. 59:8-9. Nevertheless, because

the claim was filed ten days beyond the ninety-day

limit set forth in N.J.S.A. 59:8-8, further

proceedings are required to determine whether the

“extraordinary circumstances” standard in N.J.S.A.

59:8-9 was satisfied. 12-5-11