State v. Miller, A-35 September Term 2011; Supreme Court; opinion by Patterson, J.; dissent by Albin, J.; decided October 2, 2013. On appeal from the Appellate Division, 420 N.J. Super. 75 (App. Div. 2011). [Sat below: Judges Fuentes, Ashrafi and Nugent in the Appellate Division; Judge Delehey in the Law Division.] DDS No. 14-1-1504 [62 pp.]

Defendant Terrence Miller was indicted for, inter alia, possession and distribution of a controlled dangerous substance. He privately retained an attorney. The trial was twice postponed and before the third trial date, he was assigned a public defender. However, his initial public defender was thereafter unable to serve as trial counsel.