October 8, 2008

State of New Jersey v. John Taimanglo

10-06-08 State of New Jersey v. John Taimanglo
A-2569-06T2
Part III of the Rules govern municipal appeals in the Law
Division. Defendant must be afforded right to be present and
allocution unless waived on the record. He must also be advised
of right to appeal and State v. Molina, 187 N.J. 531 (2006)
applies in the absence of adherence to R. 3:21-4(h). The
conviction in this case is affirmed because the remand conducted
pending the appeal permitted defendant to raise all issues in
the Law Division and the de novo review cured defects in the
municipal court proceedings.

Editor: Eric Waage

State of New Jersey v. Jayson Williams

09-30-08 State of New Jersey v. Jayson Williams
A-2524-07T4
There can be no dispute that a criminal investigation
infected by racial animus would violate a defendant's due
process rights. Clearly there is no room for racial bias in any
law enforcement investigation.
On leave granted, the State argues that the trial court
erred in ordering the State to disclose to defendant records
relating to racial remarks made by a "senior officer" in the
prosecutor's office during a briefing on the case.
In the majority's view, where blatantly racist remarks have
been made by a "senior officer" during a briefing on the case,
due process requires that we allow discovery of relevant
information to determine whether the investigation and/or
prosecution was tainted by racism such that the outcome may have
been different.
A dissent was filed by Wefing, J.A.D.

State of New Jersey v. Quadir Whitaker

09-18-08 State of New Jersey v. Quadir Whitaker
A-4340-05T4
Defendant was convicted under the principle of accomplice
liability, N.J.S.A. 2C:2-6b(3), of having committed the crimes
of first-degree robbery and felony murder. The question
presented on appeal is whether a defendant charged as an
accomplice may be found guilty of robbery by uttering an
instruction to the principal, during the immediate flight from
an attempted theft, to hide the weapon used during the attempted
theft, after all necessary elements of the crime of robbery have
concluded.
We answered the question in the negative. We held that the
phrase contained in the robbery statute, "[a]n act shall be
deemed to be included in the phrase 'in the course of committing
a theft'" N.J.S.A. 2C:15-1a, refers only to those acts set forth
in sections a(1), (2), and (3) of the statute which elevate
simple theft, or attempted theft, to the crime of robbery. We
determined that the phrase does not encompass other acts
committed by an alleged accomplice after all elements necessary
to constitute the crime of robbery had concluded. Lastly, to
the extent that State v. Williams, 232 N.J. Super. 432 (App.
Div.), certif. denied, 118 N.J. 208 (1989) and State v. Baker,
303 N.J. Super. 411 (App. Div.), certif. denied, 151 N.J. 470
(1997) hold to the contrary, we disagreed.