Archive for April 2012

On April 17, 2012, the Appellate Division ruled that an expert opinion related to the possession of cocaine by the defendant with intent to distribute cocaine was improper because it was expressed in a manner directly commenting on the defendant’s guilt. Generally, the opinion of an expert in a drug distribution case should be expressed…

Facts: • Defendant Zarik Rose was incarcerated in 1995 on charges relating to the attempted murder of Charles Mosely. • While awaiting trial, Defendant allegedly told one of the State’s witnesses against him that he wanted to have Mosely “whacked,” and that Defendant solicited the witness to kill Mosely. • At trial, the State moved…

2012 WL 1069092 Facts: • Petitioner was arrested during a traffic stop by a New Jersey state trooper who checked a statewide computer database and found a bench warrant issued for petitioner’s arrest after he failed to appear at a hearing to enforce a fine. • He was initially detained in the Burlington County Detention…

Facts: Respondent was charged under Michigan law with assault with intent to murder and three other offenses. The prosecution offered to dismiss two of the charges and to recommend a 51-to-85-month sentence on the other two, in exchange for a guilty plea. Respondent rejected the offer, allegedly after his attorney convinced him that the prosecution…