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 to admit…
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…
On March 14, 2012, the Supreme Court held in MISSOURI v. FRYE that criminal defendants have a constitutional right to effective lawyers during plea negotiations. MISSOURI v. FRYE Facts: Frye was charged with driving with a revoked license. Be¬cause he had been convicted of the same offense three times before, he was charged, under Missouri…
The first known New Jersey case of a juror punished for doing his own internet research. On March 12, 2012, Judge Peter Doyne has imposed a $500 criminal contempt sanction on Daniel Kaminsky, a jury foreman, whose actions led to a mistrial. Kaminsky did independent research during the jury-deliberation stage and learned about the sentence…
Background: Defendant was convicted of reckless manslaughter, aggravated assault, and three weapons offenses. He appealed. The Superior Court, Appellate Division, reversed and remanded for a new Wade hearing on whether an eyewitness identification was reliable despite an identification procedure that was presumed to be impermissibly suggestive. The state filed a petition for certification. The Supreme…
The Supreme Court issued a joint order today in four combined cases that sought to have the court do a back flip on Pena Flores. The State alleged that Pena Flores has been too big a burden on law enforcement and has resulted in less detection of criminal conduct. They supported this with NJSP data.…
DeShazo was arrested in Egg Harbor Township driving a car with Virginia plates and a broken out rear window. The officer thought the car might be stolen but could not immediately confirm it. The officer was told that DeShazo was the victim of a shooting and kept a weapon in the center console of his…
The Appellate Division decided yesterday, in the matter of State v. Heine, that a when a property owner refuses to permit access to a residence for inspection by local officials, the proper remedy is for the municipal inspectors to secure an administrative search warrant. The court ruled refusing access does not constitute a violation of…
Shannon was stopped in a high-crime area for speeding and running a red light. Four police officers were present. They smell of marijuana was emanating from the car. When Shannon exited the car, they patted him down, searched inside the car where they found crack cocaine, cocaine and marijuana. They arrested Shannon, handcuffed and placed…