7-21-08 (A-58/59-07)
When a defendant is charged as an accomplice and lesser-included offenses already are charged in an indictment, the trial court comprehensively must charge the jury on the elements both of the lesser-included crimes and of accomplice liability.
Nevertheless, the failure to so separately charge the jury here did not constitute reversible error. The prosecutor did not misstate the applicability of the statutory affirmative defense to felony murder. In these circumstances, it was error for the
trial court to instruct the jury that the defendant’s voluntary absence from the trial could be construed by the jury as evidence of consciousness of guilt, and that error mandates a new trial.
Monday, July 21, 2008
Tuesday, July 15, 2008
State v. Darren L. Bradshaw
7-10-08 (A-46-07)
The judgment of the Appellate Division is affirmed, but for different reasons. The trial court abused its discretion when it denied defendant from fully presenting his alibi testimony and the preclusion of that testimony constituted harmful error, requiring a new trial; consequently, the Court need not reach the constitutional issue. At any retrial, the prosecutor should neither argue facts that are not in the record, nor expressly or implicitly vouch for the credibility of the victim.
The judgment of the Appellate Division is affirmed, but for different reasons. The trial court abused its discretion when it denied defendant from fully presenting his alibi testimony and the preclusion of that testimony constituted harmful error, requiring a new trial; consequently, the Court need not reach the constitutional issue. At any retrial, the prosecutor should neither argue facts that are not in the record, nor expressly or implicitly vouch for the credibility of the victim.
State v. Janet Gelman, n/k/a Caitlin Ryerson
7-8-08 (A-42-07)
The current N.J.S.A. 2C:34-1 is insolubly ambiguous concerning whether a defendant can be charged with the fourth-degree crime of prostitution based on a prior petty disorderly persons conviction under the predecessor statute. The Court is thus
compelled to apply the doctrine of lenity and dismiss the indictment.
The current N.J.S.A. 2C:34-1 is insolubly ambiguous concerning whether a defendant can be charged with the fourth-degree crime of prostitution based on a prior petty disorderly persons conviction under the predecessor statute. The Court is thus
compelled to apply the doctrine of lenity and dismiss the indictment.
State of New Jersey v. Anthony Gioe, et al.
07-02-08 A-1214-06T5
The novel issue addressed in this appeal is whether a search warrant is invalid where an affiant failed to appear
personally before a municipal court judge as required under Rule 3:5-3(a). We found the "insufficiencies or irregularities" in
the proceedings to obtain the search warrant did not violate defendant's substantive rights, and they did not invalidate the
search warrant that was issued. R. 3:5-7(g). Accordingly, we affirmed the order denying defendant's motion to suppress.
The novel issue addressed in this appeal is whether a search warrant is invalid where an affiant failed to appear
personally before a municipal court judge as required under Rule 3:5-3(a). We found the "insufficiencies or irregularities" in
the proceedings to obtain the search warrant did not violate defendant's substantive rights, and they did not invalidate the
search warrant that was issued. R. 3:5-7(g). Accordingly, we affirmed the order denying defendant's motion to suppress.
Monday, July 7, 2008
State v. Kenneth Nero
6-30-08 (A-32-07)
To convict a defendant of first-degree robbery involving the threat of the immediate use of a deadly weapon by simulation,
the jury must find that the simulation was undertaken with a purposeful state of mind. The trial court’s jurysufficiently imparted the requisite mental state.
Mitchell Zuckerman - Editor, Criminal Law Blog
To convict a defendant of first-degree robbery involving the threat of the immediate use of a deadly weapon by simulation,
the jury must find that the simulation was undertaken with a purposeful state of mind. The trial court’s jurysufficiently imparted the requisite mental state.
Mitchell Zuckerman - Editor, Criminal Law Blog
State v. Charles S. Thomas
6-26-08 (A-62-07)
The extended-term-sentencing statute provides that a judge must place on the record his or her reasoning for applying an
extended term to a different charge than that sought by the prosecutor. Therefore, this matter must be remanded to the
trial court for an explanation of why it declined to accept the prosecutor’s application to apply an extended term sentence to
the eluding count and instead applied the extended term to the robbery count.
The extended-term-sentencing statute provides that a judge must place on the record his or her reasoning for applying an
extended term to a different charge than that sought by the prosecutor. Therefore, this matter must be remanded to the
trial court for an explanation of why it declined to accept the prosecutor’s application to apply an extended term sentence to
the eluding count and instead applied the extended term to the robbery count.
State v. Diara Barden
6-24-08 (A-23-07)
The evidence that defendant sold drugs to the co-defendant over a six-month period prior to the robbery was evidence of other
crimes that was unduly prejudicial and should have been excluded.
The evidence that defendant sold drugs to the co-defendant over a six-month period prior to the robbery was evidence of other
crimes that was unduly prejudicial and should have been excluded.
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