February 26, 2010

anti-stalking statute State v. Fareed M. Gandhi (A-101-08)

anti-stalking statute State v. Fareed M. Gandhi (A-101-08) 2-23-10
The jury charge in this case was not erroneous because
New Jersey’s anti-stalking statute, N.J.S.A. 2C:12-10,
reaches and punishes one who purposefully or knowingly
engages in a course of stalking conduct that would
cause a reasonable victim to fear bodily injury or
death. The statutory offense applies even if the
defendant is operating under the motivation of an
obsessed and disturbed love the purportedly obscures
appreciation of the terror that his or her conduct
would reasonably cause to the victim.

February 9, 2010

STATE OF NEW JERSEY V. DASHAWN MILLER A-3094-08T

STATE OF NEW JERSEY V. DASHAWN MILLER
A-3094-08T4 2-09-10

Defendant's trial on charges of robbery of two victims,
burglary and related weapons offenses was conducted in a
courtroom in which the record is videotaped. During the course
of deliberations, the jurors asked to hear the testimony of one
of the victims again. The trial judge arranged for the jury to
view the video in open court and in the presence of defendant,
both counsel and the judge. The jury ultimately found defendant
guilty of the crimes, and the judge sentenced defendant to an
aggregate term of twenty-eight years, which is comprised of two
fourteen-year terms for first-degree robbery and concurrent
sentences for the remaining convictions.

In rejecting defendant's claim of prejudice from the replay
of the videotaped testimony, we assess the potential for
prejudice in light of the options available to the judge. And,
in affirming his sentence, we apply the standard of review set
forth in State v. Bieniek and State v. Cassady.

STATE V. JASON LEWIS and JEROME LEWIS A-2066-08T4

STATE V. JASON LEWIS and JEROME LEWIS
A-2066-08T4 02-08-10

Where police stopped vehicle at night in a neighborhood
known for drug sales based on evidence providing probable cause
to believe vehicle contained drugs, persons other than the
occupants who also had reason to believe the vehicle contained
drugs may have had access to the vehicle, and there was a
substantial question whether other police officers would have
been available to detain the occupants while an application was
made for a warrant, the State established the exigent
circumstances required to justify a search of the vehicle under
the automobile exception to the warrant requirement. Moreover,
the validity of the search was not affected by the fact that
drugs were found in a closed leather case because, when the
automobile exception applies, the police may search every part
of the vehicle and its contents that may conceal the object of
the search.

State v. Thomas Best (A-77-08) 2-3-10

State v. Thomas Best (A-77-08) 2-3-10

A school administrator need only satisfy the lesser
reasonable grounds standard rather than the probable
cause standard to search a student’s vehicle parked on
school property.