The Appellate Division continued in relevant part: The Model Charge contains four paragraphs explaining the third element of the crime. The jury never heard or saw any of those instructions. It is beyond debate that “the court must always charge on the elements of the crime.” State v. Vick (1989). “Proper explanation of the elements of a crime […]
Possession of a Weapon for Unlawful Purposes (Part 1)
On April 29, 2022, a three-judge appellate panel decided the Gloucester County case of State v. Anthony Kille. The principal issue under N.J.S.A 2C:39-4 concerned whether the conviction could stand if the judge omits one of the required elements from the jury charge. Presiding Judge Messano wrote for the panel in relevant part: Defendant also […]
Possession of a Weapon and Consecutive Sentences (Part 4)
Justice Patterson concluded with the following in relevant part: For the March 3, 2011 incident in Winslow Township, the trial court acted within its discretion when it imposed sentences for first-degree robbery and fourth-degree unlawful taking of a means of conveyance that were consecutive to defendant’s sentences for other offenses. The court, however, imposed a […]
Possession of a Weapon and Consecutive Sentences (Part 3)
The majority continued in relevant part: In sentencing defendant to consecutive terms for offenses committed within a single criminal episode, however, the trial court set forth findings that do not satisfy Yarbough, warranting a remand for resentencing with respect to those offenses. For his conviction of second-degree unlawful possession of a weapon in connection with […]
Possession of a Weapon and Consecutive Sentences (Part 2)
Justice Patterson continued in relevant part: The court determined that the crimes committed by defendant on February 28, 2011, March 3, 2011, and March 29, 2011 were “independent of each other,” their objectives on each date “involved separate acts of violence or threats of violence,” and “they were committed at different times and places.” The […]
Possession of a Weapon and Consecutive Sentences (Part 1)
On August 6, 2019, the New Jersey Supreme Court decided the Camden County case of State v. Keith Cuff. A question in addition to the verdict sheet issue concerned the decision to impose consecutive sentences. Specifically, the issue under N.J.S.A. 2C:44-5 was whether re-sentencing was required where the trial court imposed consecutive sentences for unlawful […]
Brady Violations and Materiality (Part 3)
Petitioners’ problem is that their current alternative theory would have had to persuade the jury that both Alston and Bennett falsely confessed to being active participants in a group attack that never occurred; that Yarborough falsely implicated himself in that group attack and yet gave a highly similar account of how it occurred; that Thomas, […]
Brady Violations and Materiality (Part 2)
The Turner Court held that the withheld evidence was not material under Brady. The Government does not contest petitioners’ claim that the withheld evidence was “favorable to the defense.” Petitioners and the Government, however, do contest the materiality of the undisclosed Brady information. Such “evidence is ‘material’ when there is a reasonable probability that, had […]
Brady Violations and Materiality (Part 1)
On June 22, 2017, the United States Supreme Court decided the case of Charles Turner and Russell Overton v. United States. Petitioners and several others were indicted for the kidnaping, robbery, and murder of Catherine Fuller. At trial, the Government advanced the theory that Fuller was attacked by a large group of individuals. Its evidentiary […]
Difference Between Gun Offense Amnesty & Immunity: Part 4
In State in Interest of C.L.H.’s Weapons, (App. Div. 2015), the panel stated that “any voluntary surrender under the amnesty law” had to comply with N.J.S.A. 2C:39-12, which requires a person to provide written notice to law enforcement before authorities file any charges or begin any investigation. Otherwise, the panel reasoned, the surrender and amnesty […]
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