New Jersey Criminal Defense Attorney Blog

State v. Karlton L. Blackmon, ? N.J. ?, 2010 N.J. LEXIS ? (June 9, 2010) - Order remanding case affirmed as modified. Remand will be for judge to provide statement of reasons for his refusal to allow defendant's father to speak before sentencing, not for re-sentencing.

Continue reading "NJ Judge Should Have Allowed Defendants Convict's Father To Speak at Sentencing" »

State v. Tyson R. Privott, ? N.J. ?, 2010 N.J. LEXIS ? (June 29, 2010) - Appellate Division opinion suppressing evidence affirmed.

Continue reading "Jersey Police Officer's Search Exceeded Scope of Investigatory Stop" »

State v. Pablo Carvajal, ? N.J. ?, 2010 N.J. LEXIS ? (June 2, 2010) - Conviction and denial of suppression affirmed.

Continue reading "New Jersey Defendant Has No Standing to Challenge Search of Abandoned Property" »

State v. Timothy A. Paziora, unpublished opinion, App. Div. Docket No. A-1396-08T4 (June 10, 2010) - Convictions reversed because "the prosecutor's summation exceeded the bounds of legitimate advocacy" in numerous respects.

Continue reading "NJ Criminal Conviction Reversed For Prosecutorial Misconduct " »

State v. Robert Duane Green, ? N.J. Super. ?, 2010 N.J. Super LEXIS ? (June 7, 2010) - Remanded for reconsideration of defendant's PTI application.

Continue reading "Monmouth County PTI Policy Called "Confusing" by Appellate Panel" »

State v. Daniel Davies, unpublished opinion, App. Div. Docket No. A-1454-08T4 (June 18, 2010) - "[W]e vacate the inclusion of the impermissible extraction of a guilty plea as a condition of defendant's admission into the PTI program....

Continue reading "NJ Prosecutor May Not Condition PTI Admittance on Guilty Plea" »

State v. Demitrius Middleton, unpublished opinion, App. Div. Docket No. A-4842-07T4 (June 10, 2010) - Denial of PCR reversed, case remanded for new hearing. "The record does not permit us to conclude that PCR counsel listed or incorporated all of the claims raised in defendant's pro se verified petition. The PCR petition did not identify the three claims underlying defendant's request for relief because his trial attorney failed to provide the representation guaranteed by the constitution. Nor did defense counsel mention defendant's claim that he was not present when his judgment of conviction was amended to reflect a thirty-year period of parole ineligibility rather than a NERA term following this court's remand for 'reconsideration in light of Manzie.' Moreover, we now have letters, the authenticity of which has not been established, that suggest defendant asked his PCR counsel to raise additional issues that were not addressed. Under the circumstances, we conclude that a remand is required. On remand, with assistance of different appointed counsel, the judge should consider any argument related to issues raised in defendant's pro se verified petition that was not previously presented to the judge."

State v. Francis Gannone, Jr., unpublished opinion, App. Div. Docket No. A-1231-07T4 (June 10, 2010) - Denial of PCR reversed. "Because defendant was entirely denied the effective assistance of counsel in pursuit of his PCR, we reverse and remand for a proper PCR hearing.... In short, defendant asserts that his PCR attorney violated the Rule because he did not communicate with him in any substantial way before the hearing, failed to advance defendant's arguments or explore other possible arguments, limited his brief to one argument that had no merit whatsoever, and even went so far as to denigrate those arguments that defendant had wanted made. The State's brief does not even cite or discuss the Rule, relying instead on a Strickland analysis. As noted, Strickland is irrelevant in this context. The only question is whether defendant received the services to which he was entitled under the Rule. Unquestionably, he did not."

State v. Reynaldo Chavis, unpublished opinion, App. Div. Docket No. A-6326-06T4 (June 28, 2010) - "Because a sketch of the scene of a different homicide apparently was appended to a photograph and admitted into evidence over defendant's objection, we conclude that the trial judge erred in dismissing defendant's claim of ineffective assistance of counsel without a hearing.

Accordingly, we remand for further proceedings.... It may well be that the assistant prosecutor assigned to try this case understood her obligation to present only admissible evidence and effectively removed the sketch before the photograph was submitted to the jury. But nothing in this record gives rise to that inference....

Without evidence outside the trial record, such as a certification from one or both of the trial attorneys attesting to the removal or the production of the photograph submitted to the jury, the judge's factual finding has no support. There is no question that admission of a wholly irrelevant sketch of an unrelated homicide scene raises a serious question about the validity of defendant's conviction....

In this case, the abuse of discretion is palpable.... We have no question that defendant presented a prima facie case of deficient performance by appellate attorney for failure to raise an issue of this magnitude and resulting prejudice. Accordingly, we must remand to permit the trial judge to develop a record and make findings of fact supported by competent evidence before resolving this claim. The judge's decision suggests that he believed that defendant was required to establish prejudice by showing that the jurors viewed the sketch during deliberations. We disagree."

State v. Reynaldo Chavis, unpublished opinion, App. Div. Docket No. A-6326-06T4 (June 28, 2010) - "Because a sketch of the scene of a different homicide apparently was appended to a photograph and admitted into evidence over defendant's objection, we conclude that the trial judge erred in dismissing defendant's claim of ineffective assistance of counsel without a hearing.

Accordingly, we remand for further proceedings.... It may well be that the assistant prosecutor assigned to try this case understood her obligation to present only admissible evidence and effectively removed the sketch before the photograph was submitted to the jury. But nothing in this record gives rise to that inference....

Without evidence outside the trial record, such as a certification from one or both of the trial attorneys attesting to the removal or the production of the photograph submitted to the jury, the judge's factual finding has no support. There is no question that admission of a wholly irrelevant sketch of an unrelated homicide scene raises a serious question about the validity of defendant's conviction....

In this case, the abuse of discretion is palpable.... We have no question that defendant presented a prima facie case of deficient performance by appellate attorney for failure to raise an issue of this magnitude and resulting prejudice. Accordingly, we must remand to permit the trial judge to develop a record and make findings of fact supported by competent evidence before resolving this claim. The judge's decision suggests that he believed that defendant was required to establish prejudice by showing that the jurors viewed the sketch during deliberations. We disagree."

State v. Jaime Calero, unpublished opinion, App. Div. Docket No. A-6266-08T4 (June 22, 2010) - Denial of PCR reversed, case remanded for evidentiary hearing. "With respect to defendant's allegations that his attorney pressured him into naming the wrong person [as the man he struck], thus obviating the court's finding that he pled guilty freely and voluntarily, the PCR judge found that defendant's claim lacked merit....

Here, we are satisfied that defendant's claims required further exploration in an evidentiary hearing because, if in fact defense counsel pressured defendant into pleading guilty to assaulting a person other than the individual identified as the victim in the indictment, his guilty plea cannot stand.... we are satisfied that the record does not support the PCR court's finding that defendant was not denied his constitutional right to effective assistance of counsel when his attorney allegedly gave him erroneous advice that his guilty plea would not result in his deportation.

Defendant's answer on the plea form, which indicated that he understood that by pleading guilty he was subject to deportation, although probative, is not dispositive and cannot form the only basis for the court's rejection of his claim of ineffective assistance of counsel. As is the case with defendant's allegation of attorney misconduct, the PCR court must decide the question of defendant's immigration status from the record developed at an evidentiary hearing."

State in the Interest of T.S., a Minor, ? N.J. Super. 93, 2010 N.J. Super. LEXIS ? (June 2, 2010) - Adjudication of delinquency affirmed, custodial portion of disposition vacated. "The Juvenile Justice Code does not authorize the Family Part to condition a term of probation upon the completion of a period of detention....

The Juvenile Justice Code does not contain the equivalent of N.J.S.A. 2C:43-2(b)(2), permitting a criminal court to sentence a defendant to a jail term not to exceed 364 days as a condition of probation.... N.J.S.A. 2A:4A-44b(1) of the Juvenile Justice Code provides for a presumption of non-incarceration for any fourth degree offense or lower. The Juvenile Justice Code does not contain a provision equivalent to N.J.S.A. 2C:43-2(b)(2).

There is nothing in this record that supports overcoming the presumption of non-incarceration in N.J.S.A. 2A:4A-44b(1) for this adjudication of delinquency based on a disorderly persons offense."

State v. David I. Rogers, unpublished opinion, App. Div. Docket No. A-4165-07T4 (June 28, 2010) - Conviction for first degree robbery reversed...

Continue reading "First Degree Robbery Conviction Reversed After Discrepancy in Jury Verdict" »

State v. Thomas Young, unpublished opinion, App. Div. Docket No. A-1022-08T4 (June 17, 2010) - Convictions reversed.

Continue reading "NJ Criminal Conviction Reversed After Judge Omits Portion of Jury Charge" »

State v. Hakim Y. Spencer, unpublished opinion, App. Div. Docket No. A-3374-07T2 (June 9, 2010) - Convictions for robbery and weapons possession reversed.

Continue reading "NJ Judge Failed to Charge Jury With Elements of Attempt" »

State v. Mark Thomas Bourne, unpublished opinion, App. Div. Docket No. A-3889-07T4 (June 30, 2010) - "We reverse defendant's convictions for third degree theft and remand....

Continue reading "NJ Theft Conviction Reversed on Appeal" »

State v. Andre Lane, unpublished opinion, App. Div. Docket No. A-3738-08T4 (June 17, 2010) - Case remanded for reconsideration of defendant's motion to withdraw his plea.

Continue reading "NJ Defendant Should Have Been Allowed to Withdraw Guilty Plea, Says App DIv" »

DYFS v. C.W./Matter of A.R., H.W., and D.W., Jr., unpublished opinion, App. Div. Docket No. A-5074-08T4 (June 8, 2010) - Termination of parental rights reversed, case remanded for further proceedings.

Continue reading "DYFS Approach Called "Troubling" by NJ Appeals Court" »