Justice Solomon concluded with the following: Applying those principles to this case, the Court begins by considering the strength of the State’s evidence. Here, in contrast to Pierre, there was more evidence against Gideon, notably his own statement to police and Robinson’s testimony. And, against those stronger proofs, Gideon has offered a markedly weaker alibi […]
PCR and Alibi Witnesses (Part 3)
The Court continued in relevant part: In Strickland, the United States Supreme Court set forth a standard for determining whether an attorney’s inadequacy deprived a defendant of the level of assistance guaranteed by the Constitution, warranting reversal of a conviction. The Supreme Court of New Jersey Court has applied the Strickland standard to claims of […]
PCR and Alibi Witnesses (Part 2)
Justice Solomon continued in relevant part: In a December 2012 certification in support of Gideon’s petition, Gideon-Nichols attested that she drove Bey to the scene of the fight and found Gideon and Alford scratched up and bleeding; the two men then shook hands. She stated that Alford departed while Gideon-Nichols, Bey, and Gideon drove to […]
PCR and Alibi Witnesses (Part 1)
On January 14, 2021 the New Jersey Supreme court decided the Camden County case of State v. Donnell Gideon. The principal issue concerned whether trial counsel’s failure to call alibi witnesses constituted ineffective assistance of counsel and warranted a new trial. Justice Solomon wrote for a unanimous Court in relevant part: Gideon was arrested after […]
Summations and Extraneous Evidence (Part 4)
The Court concluded with the following in relevant part: During summation, to convey the supposed threatening nature of defendant’s note, conduct, and words, the prosecutor displayed the still shot from The Shining while making the comments noted above. Unlike in the movie scene, no act of physical violence preceded the handing of the note or […]
Summations and Extraneous Evidence (Part 3)
Justice Solomon continued in relevant part: Courts reverse a conviction only if the prosecutorial misconduct was so egregious as to deprive defendant of a fair trial. Factors to be considered in making that decision include: “(1) whether defense counsel made timely and proper objections to the improper remarks; (2) whether the remarks were withdrawn promptly; […]
Summations and Extraneous Evidence (Part 2)
The New Jersey Supreme Court continued in relevant part: The slide contained a still-shot from the movie The Shining, depicting Jack Nicholson in his role as a violent psychopath who used an ax to break through a door while attempting to kill his family. The slide featured the words spoken by Nicholson in the movie […]
Summations and Extraneous Evidence (Part 1)
On January 19, 2021, the New Jersey Supreme Court decided the Camden County case of State v. Damon Williams. The principal issue concerned whether the prosecutor’s references and use of non-evidentiary images in summation amounted to prejudicial error. Justice Solomon write for a unanimous Court in relevant part: In 2014, defendant entered a Bank of […]
Drug Court Applicant Classifications (Part 5)
The three-judge panel concluded with the following in relevant part: So too a trial court’s determination whether a Track Two candidate’s admission to Drug Court would pose a danger to the community should be made with regard to a TASC evaluation. That professional diagnostic assessment might inform not only whether the circumstances giving rise to […]
Drug Court Applicant Classifications (Part 4)
The Appellate Division continued in relevant part: However, as we have also noted, we review a sentencing court’s interpretation of the relevant statutes and the Drug Court Manual de novo. Although we generally defer to a sentencing court’s findings of fact and weighing of aggravating and mitigating factors, we are not bound by a judge’s […]
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