STATE OF NEW JERSEY VS. DIANE O'BRIEN A-4190-09T2

STATE OF NEW JERSEY VS. DIANE O'BRIEN A-4190-09T2

02-10-11

The question presented is whether a defendant who

previously received supervisory treatment under the conditional

discharge statute, N.J.S.A. 2C:36A-1, and who later applied for

and obtained an order vacating the conditional discharge, may

thereafter be admitted into PTI. We answer the question in the

negative, concluding that N.J.S.A. 2C:43-12g and Rule 3:28,

Guideline 3(g) prohibit any person previously placed into

supervisory treatment under the conditional discharge statute

from subsequent admission into PTI, whether the conditional

discharge is later vacated or not.

STATE v. FRENSEL GAITAN A-0197-09T4 02-07-11

STATE v. FRENSEL GAITAN A-0197-09T4

Defendant filed a petition for post-conviction relief,

arguing his attorney failed to discuss with him the deportation

consequences of his guilty plea. The trial judge denied the

petition, concluding without the benefit of an evidentiary

hearing that defendant's responses to the plea form as well as

his testimony at the plea hearing demonstrated he understood the

deportation consequences. In reversing that determination, the

court also considered the impact of Padilla v. Kentucky, 559

U.S. __, 130 S. Ct. 1473, 176 L. Ed. 2d 284 (2010), and State v.

Nuñez-Valdéz, 200 N.J. 129 (2009), both of which were decided

after defendant pled guilty and after his PCR petition was

denied.

The court recognized that certain aspects of Padilla --

namely, its holding that counsel's failure to give any

deportation advice is no different than the rendering of bad

deportation advice, and its holding that the direct/collateral

methodology regarding deportation advice had never applied to

Sixth Amendment claims of ineffectiveness -- did not create new

rules insofar as the Sixth Amendment is concerned. Because

defendant was entitled to the benefit of that federal rule, the

argument that Nuñez-Valdéz's rejection of the direct/collateral

methodology as a matter of New Jersey constitutional law

constituted a new rule was irrelevant in determining whether

defendant received the effective assistance of counsel when he

pled guilty.

The court also concluded that Nuñez-Valdéz should at least

be given pipeline retroactivity, and that defendants with

appeals pending from the denial of post-conviction relief at the

time Nuñez-Valdéz was decided are entitled to the benefit of its

holding. As a result, defendant was entitled to a hearing on

the claims set forth in his PCR petition, and the court remanded

for that purpose.

STATE OF NEW JERSEY v. THOMAS J. SHANNON A-2549-08T4

STATE OF NEW JERSEY v. THOMAS J. SHANNON

A-2549-08T4

We reverse defendant's conviction of possession of cocaine,

finding his motion to suppress the cocaine found in a

warrantless search of his Jeep should have been granted. The

search was not incident to arrest, did not occur late at night,

the stop was in a residential area, and four Asbury Park Police

Officers were at the scene with defendant, who was alone. We

find no exigency existed pursuant to State v. Pena-Flores, 198

N.J. 6 (2009). 02-03-11

State v. William Acevedo, Jr. (A-95-09)

State v. William Acevedo, Jr. (A-95-09)

Defendant’s sentence was not “illegal” and therefore not subject to modification on PCR.

State v. Daniel Twian Brown (A-67-09/A-17-10)

State v. Daniel Twian Brown (A-67-09/A-17-10)

At the time Brown fled through a window onto a roof next door, the police had engaged in no misconduct; thus, there was no seizure of any sort in the apartment. When the police arrested Brown after he came down from the roof, they did not need an arrest warrant because they had probable cause to arrest him in a public place (1) for armed robbery committed outside their presence and (2) for resisting arrest, which they observed.

State v. Damu Alston (A-72-09)1-19-11

State v. Damu Alston (A-72-09)1-19-11

Defendant’s statements after he waived his right to counsel, when clarified, were not an assertion of his right to counsel, and the police officer’s questions did not exceed the scope of permissible clarification.

State v. Eileen M. Ciancaglini (A-92/93-09)

State v. Eileen M. Ciancaglini (A-92/93-09)

Defendant Ciancaglini’s conviction in 2006 for refusing to take a breathalyzer test does not constitute a prior conviction for purposes of determining her sentence for driving while intoxicated in 2008.

STATE OF NEW JERSEY V. OMAR TINDELL A-5457-07T4

STATE OF NEW JERSEY V. OMAR TINDELL

A-5457-07T4 01-07-11

Defendant was charged, inter alia, with the murder of a

police officer in the line of duty. He was convicted after a

jury trial of second degree reckless manslaughter as a lesser

included offense of murder, third degree receiving stolen

property, third degree possession of cocaine, third degree

unlawful possession of a handgun, and third degree terroristic

threats. The court sentenced defendant to the maximum sentence

on each offense and ordered that each term be served consecutive

to each other, resulting in an aggregate sentence of thirty

years, with eighteen and one-half years of parole ineligibility.

We affirm defendant's conviction except for third degree

terroristic threats and third degree receiving stolen property.

On the charge of terroristic threats, we hold that because

the evidence demonstrated that the alleged threats were directed

at multiple possible victims, the trial court erred in failing

to instruct the jury that the State needed to identify the

particular victim or victims of the crime. The court's

instructions left the jury unacceptably vulnerable to reaching a

fragmented verdict, without the unanimous agreement of all

twelve jurors.

On the charge of receiving stolen property, we vacate the

conviction and remand for the entry of a judgment of acquittal

because the State failed to present specific evidence that the

automobile found in defendant's possession was in fact stolen.

Applying the bedrock principles articulated in State v.

Roth, we vacate in its entirety the sentence imposed by the

court and remand for re-sentencing before a different judge

because the sentence was irreparably tainted by the improper

comments made by the judge at the sentencing hearing attacking

the jurors' character and independence and questioning the

credibility of a police officer witness using sarcastic and

inappropriate language.

Middlesex County Municipal Court Judges

Middlesex County Municipal Court Judges

COURT NAME JUDGE COURT FAX NUMBER

Carteret Court Allen Comba 732-541-0581

Dunellen Court Dennis M. Fackelman 732-968-3576

East Brunswick Court Todd Mayo 732-390-6913

Christine Heitman

Paul Endler

Edison Court Gary M. Price 732-287-0743

Parag Patel

Mary Casey

Helmetta Court Erin Shamy 732-521-3626

Highland Park Court Edward Herman 732-777-6007

Jamesburg Court

Metuchen Court Gary Price 732-603-8763

Middlesex Boro. Court Dennis M. Fackelman 732-356-5053

George L. Psak

Milltown Court Karl R. Meyertons 732-828-6318

Monroe Court George M. Boyd 732-521-2607

New Brunswick Court E. Ronald Wright 732-745-5180

Mary Casey

Phil Borrow

North Brunswick E. Ronald Wright 732-214-8812

Mary H. Casey

Old Bridge Court James F. Weber 732-607-7946

Perth Amboy Court George M. Boyd 732-442-0774

Maria Del Valle-Koch

Emery Toth

Piscataway Court Dennis M. Fackelman 732-562-2386

James Hoebich

Plainsboro/Cranbury Court Edward Herman 609-936-1441

Sayreville Court James Weber 732-525-9245

Spencer Robbins

South Amboy ___________

South Brunswick Michael V. Dowgin 732-274-1523

_____

South Plainfield Court Spencer B. Robbins 908-754-5628

South River Court Emery Toth 732-613-6100

Spotswood Court John Shaughnessy 732-723-1924

Woodbridge Court Spencer Robbins 732-855-7991

Emery Toth, Kevin Morse

rev. 1/14/2011 -Non-client Middlesex Mun Ct Judges

List by Ken Vercammen, Past Chair Municipal Court Practice Section of NJ State Bar Association Please fax any revisions to Kenneth Vercammen, Esq. at 732-572-0030.

Thank you

POLICE CHIEFS / PUBLIC SAFETY DIRECTORS MIDDLESEX COUNTY 2010

POLICE CHIEFS / PUBLIC SAFETY DIRECTORS MIDDLESEX COUNTY
POLICE Dept.		Chief or Director					PHONE			FAX
Carteret		Chief John Pieczyski					732-541-4181						732-541-3867
Cranbury		Chief Ricky Varga					609-395-0031						609-395-9216
Dunellen		Chief Gerard Cappella					732-986-3000						732-986-8076
East Brunswick		Director Barry Roberson					732-390-6900						732-390-6970
Edison		Chief Thomas Bryan					732-248-7400						732-287-0268
Highland Park		Chief Stephen Rizco					732-572-3800						732-572-0258
Jamesburg		Chief Martin Horvath					732-521-0011 x205						732-521-1927
Metuchen		Chief James Keane					732-632-8500						732-632-8573
Middlesex Boro		Craig Young					732-356-1900 x222						732-356-7218
Milltown		Chief Raymo nd Geipel					732-828-1100						732-249-5695
Monroe		Chief John Kraivec					732-521-0222						732-521-2980
New Brunswick		Director Anthony Caputo					732-745-5200						732-565-3602
North Brunswick		Director Kenneth McCormick					732-545-3200						732-249-2892
Old Bridge		Chief Thomas Collow						732-679-3400								732-607-7937
Perth Amboy		Deputy Chief Benjamin Ruiz						732-442-4400								732-442-4492
Piscataway		Richard Ivone						732-562-1100								732-562-2312
Plainsboro		Director Richard Furda						609-799-2333									609-275-5987
Sayreville		Chief Edward Szkodny						732-727-4444									732-727-5189
South Amboy		Chief Darren LaVigne						732-525-5945									732-721-1504
South Brunswick		Chief Raymond Hayducka						732-329-4000								732-329-4604
South Plainfield		James Parker						908-755-0700								908-755-0320
South River		Chief John Bouthillette						732-238-1000								732-613-6103
Spotswood		Chief Karl Martin						732-251-2121						732-251-5910
Woodbridge		Chief William Trenery						732-634-7700								732-602-7366
Nearby:
Franklin	Chief Craig Novick	732-873-2300		732-873-8489
[Police Chief phone & fax numbers Kenneth Vercammen, Esq. Past Chair Municipal Court Section, NJSBA Non Client MacP [revised 12/19/10]