Aggravated Assault Results In Miscarriage

Laquesha Cathcart and Tisha Cathcart were indicted for second-degree aggravated assault (N.J.S.A. 2C:12-1(b)(1)), second-degree burglary (N.J.S.A. 2C:18-2), first-degree robbery (N.J.S.A. 2C:15-1), and fourth-degree theft by unlawful taking (N.J.S.A. 2C:20-3(a)) after forcefully entering the victim's apartment following a dispute over a parking spot in New Brunswick, NJ. The Cathcarts assaulted R.L. and J.D., her daughter, in the presence of R.L.'s husband, F.D., and son. R.L.'s daughter and son both advised the defendant's that R.L. was pregnant but they continued the assault. R.L. miscarried within the week. The main issue in this matter is whether the defendants purposely or knowingly attempted to cause serious bodily injury to R.L. The trial court granted the defendant's motion to exclude testimony relating to R.L.'s pregnancy and miscarriage after determining the probative value of the evidence was substantially outweighed by the likelihood it would prejudice the jury against the defendants. The appeal in State v. Cathcart focused on the exclusion of the evidence. N.J. As affirmed in State v. Buckley, 216 N.J. 249 (2013), N.J. Rule of Evidence 403 permits a court to exclude evidence in the event the prejudicial value outweighs the probative value. More than a possibility of substantial prejudice is required State v. Swint, 328 N.J. Super. 236 (App. Div.), cert. denied, 165 N.J. 492 (2000). To exclude evidence, the party seeking exclusion must demonstrate that the evidence is has such "inflammatory potential as to have a probable capacity to divert the minds of the jurors from a reasonable and fair evaluation." State v. Thompson, 59 N.J. 396, 421 (1971). A significant consideration in the decision to exclude evidence is also whether other evidence is available to prove the fact the evidence is offered to prove. Biunno, Weissbard & Zegas, Current N.J. Rules of Evidence, comment 1 on N.J.R.E. 403 (2014). Exclusion of certain evidence, such as motive in a criminal matter, requires a higher showing of prejudice. State v. Rogers, 19 N.J. 218 (1955). Conviction for aggravated assault requires proof by the prosecution that each defendant acted with the requisite state of mind or, under circumstances manifesting extreme indifference to human life, acted recklessly in an attempt to cause or did cause such bodily injury pursuant to N.J.S.A. 2C:12-1(b)(1). State v. Mingo, 263 N.J. Super. 296 (App. Div. 1992), rev'd. 132 N.J. 75 (1993). This requires proof of the defendant's mental state at the time of the assault. The State's appeal centered on the fact that the defendants were advised that R.L. was pregnant yet continued with their assault which included kicking and punching R.L. in the abdomen. In its decision to reverse in part and affirm in part, the N.J. Appellate Division determined that the statements regarding R.L.'s pregnancy were highly relevant to the issue of the defendants' mental state but that the testimony regarding the miscarriage was overly prejudicial. Aggravated assault charges are very serious and bear severe consequences including 5 to 10 years in prison, with an 85% parole disqualifier under the No Early Release Act (NERA), and fines of up to $150,000. If you are facing assault charges, you should obtain experienced criminal defense counsel immediately to insure your rights are protected. For more information about assault, robbery, burglary, theft or other serious criminal charges in New Jersey, visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Attempted Murder Reduced To Aggravated Assault For Plea

Richard Spellman was indicted on two counts of attempted murder (N.J.S.A. 2C:5-1 and 2C:11-3); two counts of first-degree robbery (N.J.S.A. 2C:15-1); two counts of second-degree possession of a weapon (N.J.S.A. 2C:39-4a); two counts of third-degree unlawful possession of a firearm (N.J.S.A. 2C:39-5b); and second-degree certain persons not to have weapons (N.J.S.A. 2C:39-7). Spellman confessed and his motion to suppress the confession was denied. He ultimately pled guilty, in the Superior Court of New Jersey, Law Division, Somerset County, to all charges after the first-degree attempted murder charges were amended to second degree aggravated assault (N.J.S.A. 2C:12-1b(1)). Spellman was sentenced to concurrent 17 year terms subject to an 85 percent period of parole disqualification under the No Early Release Act (NERA) (N.J.S.A. 2C:43-7.2); two 10 year terms and two 5 year terms; and restitution to a victim with a 5 year period of parole supervision to follow his release. The charges stemmed from two incidents. First, while on parole for a prior aggravated assault, Spellman entered a convenience store, demanded money and then shot the clerk in the stomach after he was given the money. In the second incident, Spellman shot a man in the parking lot of a restaurant. Upon arrival at the scene, police found a gun in the parking lot and Spellman staring at them out the window of a nearby store. When officers spoke to Spellman, he indicated he was fighting with the man he shot. Officers searched Spellman and found a bullet on his person. At the police station, officers found another bullet on Spellman's person and, prior to questioning of any kind, Spellman said "I shot the attendant at the [convenience store]." Spellman was read his Miranda rights, waived his right to counsel and quickly confessed to shooting both individuals. In State v. Spellman, the NJ Appellate Division upheld the trial court judge's decision that the defendant's confessions were voluntary in spite of the defendant's challenge to the voluntariness based on mental capacity which was not raised at trial and therefore not preserved for appeal. Nieder v. Royal Indem. Ins. Co., 62 N.J. 229 (1973). The NJ Appellate Division looked to State v. Smith, 307 N.J. Super. 1 (App. Div. 1997), in holding that mental illness itself, if present, does not invalidate a confession. The record below satisfied the Appellate Division that the trial judge fully reviewed the confession and found no coercion or force to have been used. With regard to sentencing, the NJ Appellate Division did find errors with the trial judge's failure to properly weigh the aggravating and mitigating sentencing factors of N.J.S.A. 2C:44-1 and explain his or her reasoning fully on the record. State v. Fuentes, 217 N.J. 57 (2014). The Appellate Division determined that he trial judge's imposition of concurrent 17 year sentences exceeded the statutory range of 5 to 10 years set forth in N.J.S.A. 2C:43-6a(2). Finally, the Appellate Division and the State agreed that the trial judge failed to make adequate findings, pursuant to N.J.S.A. 2C:44-2b(2), as to whether the defendant was able to pay the restitution ordered. The matter was remanded for resentencing. If you are facing charges of murder you are looking at a sentence of 30 years to life and even for lesser included offenses the sentence can be the same as life in prison depending on your age at sentencing. When confronting such charges, it is imperative that you have experienced and trusted criminal defense counsel at your side to ensure you have the best chance possible in fighting the case and protecting your rights. For more information about murder, aggravated manslaughter, assault or weapons charges in New Jersey visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Assault Conviction For Off-Duty Police Officer

Newark police officer, Hugo Fierro, was indicted for second-degree official misconduct (N.J.S.A. 2C:30-2), third-degree aggravated assault causing bodily injury (N.J.S.A. 2C:12-1(b)(7)), third-degree aggravated assault with a deadly weapon (N.J.S.A. 2C:12-1(b)(2)); fourth-degree aggravated assault by pointing a handgun at another person (N.J.S.A. 2C:12-1(b)(4)) and second-degree possession of a weapon for an unlawful purpose (N.J.S.A. 2C:39-4(a)) after a an off-duty altercation outside an Essex County bar while out with his wife. He was convicted by a jury of simple and aggravated assault (N.J.S.A. 2C:12-1) and official misconduct and sentenced to 5 years in prison without parole, the minimum for official misconduct under N.J.S.A. 2C:43-6.5.1. Evidence offered at trial indicated that Fierro, while off duty and walking with his wife in the Ironbound section of Newark after dinner and dancing, encountered a group of men drinking on the street and went out of his way to order them to disperse. He next identified himself as a police officer to another intoxicated man and guided him by the arm toward a street to help him obtain a cab. At this time, the victim claimed he approached and Fierro yelled "what's your problem? What's your problem?" and tried to grab the victim. Upon finding himself unable to catch the victim, Fierro withdrew a gun from his side, stated he was a police officer, pursued the retreating victim and hit him in the face with the barrel of the handgun at which time the victim fled. The following day the victim reported the incident and selected Fierro's photo out of a photo array. An outdoor camera had recorded the incident and Fierro was positively identified. However, Fierro testified that, while he was trying to assist an intoxicated man to a cab, the victim approached, would not go away when Fierro asked, twice slapped Fierro's hand when he attempted to create space between them and was acting in a manner which caused Fierro to believe the victim may attack. Fierro claimed that he did not strike the man but did push him away by placing his hands on the victim's chest and pushing him back while holding his gun as he believed the victim may have possessed a weapon. Additionally, an officer who took the victim's report testified that there was no visible damage to the victim's face at the time the report was made. On appeal, in State v. Fierro, the defendant argued that the jury's split verdict demonstrated the juror's lack of understanding of the elements of the charges. The NJ Appellate Division considered Dunn v. United States, 284 U.S. 390, 52 S. Ct. 189, 76 L. Ed. 356 (1932), United States v. Powell, 469 U.S. 57, 105 S. Ct. 471, 83 L. Ed. 461 (1984), State v. Banko, 182 N.J. 44 (2004), State v. Muhammad, 182 N.J. 551 (2005) and others in holding that a split verdict does not definitively indicate that the jury did not fully understand and properly execute its function. The conviction was affirmed on appeal. Assault and attempted assault charges are very serious and bear severe consequences. If you are a police officer or other official, the consequences are even more severe. If you are facing assault charges, you should obtain experienced criminal defense counsel immediately to insure your rights are protected. For more information about assault, illegal possession of a handgun, possession of a weapon for an unlawful purposed or other serious criminal charges in New Jersey, visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Oral Argument Is Favored in Post-Conviction Relief Petitions

Isaiah Kinney was charged with first-degree conspiracy to commit murder (N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3); second-degree aggravated assault (N.J.S.A. 2C:12-1(b)(1)); first-degree attempted murder (N.J.S.A. 2C:11-3); fourth-degree unlawful possession of a weapon (N.J.S.A. 2C:39-5(d)); and third-degree possession of a weapon for an unlawful purpose and convicted of second-degree aggravated assault and second-degree conspiracy to commit aggravated assault (N.J.S.A. 2C:5-1 and N.J.S.A. 2C:12-1(b)(1)) after a trial in the Superior Court of New Jersey, Law Division, Essex County. Kinney was sentenced to a discretionary extended 20 year period of incarceration with an 85% parole ineligibility period under the No Early Release Act (NERA) (N.J.S.A. 2C:43-7.2). Kinney and Jones severely beat Floyd Simmons at a residence on Prospect Street in East Orange. After leaving the residence, Jones committed a minor driving infraction and crashed while fleeing an East Orange Police officer who noticed that, although Jones appeared not to be injured from the crash, her pants were covered in blood. Prior to Jones being chased by the officer, Kinney had exited the vehicle at a residence on Washington Terrace. Based on statements made by Jones to police, officers proceeded to the Washington Terrace residence to arrest Kinney. While at the residence without a warrant, officers discovered bloodstained clothing belonging to Kinney. At the trial level, Kinney filed a motion to suppress the evidence based on the officers’ illegal search and seizure but the suppression motion was denied. In State v. Isaiah Kinney, the Defendant appealed unsuccessfully then sought post-conviction relief (PCR) based on ineffective assistance of assistance of counsel. The record on the Appellate level was noticeably devoid of any reference to the illegal search and seizure. The NJ Appellate Division found that oral argument in a post-conviction relief petition wherein the defendant exercises a last opportunity to raise reliability issues is deserving of oral argument although the determination of whether oral argument will be heard rests within the discretion of the PCR court. State v. Mayron, 344 N.J. Super. 382, 386 (App. Div. 2001). In State v. Parker, 212 N.J. 269, 282 (2012), the N.J. Supreme Court reinforced the factors set forth in Mayron and included that PCR judges should provide a statement of reasons for denying oral argument. The Appellate Division hearing the PCR matter determined that oral argument could have resolved uncertainty with regard to the absence of pursuit of the suppression motion but the PCR judge incorrectly held that, under State v. Moore, 273 N.J. Super. 118, 126 (App. Div. 1994), the claim of ineffective assistance of counsel with regard to the suppression motion could only be raised in Kinney’s petition to the Supreme Court. The Appellate Division reasoned that, as there is no right to review by the Supreme Court, the PCR judge’s ruling on this matter deprived the defendant of his right to a determination on the issue. It was further determined that the lack of any record established by oral argument pertaining to the suppression motion rendered them unable to give adequate review to the PCR petition and the Appellate Division remanded the matter with direction that the matters of the suppression motion and ineffective assistance of counsel be reviewed. If you are faced with aggravated assault charges, you are facing up to 10 years in prison with an 85% parole ineligibility period under NERA. Even simple assault charges can result in incarceration and should not be taken lightly by you as they will certainly not be taken lightly by the court. If you are charged with assault you should obtain experienced defense counsel immediately. For more information about assault, aggravated assault, conspiracy, murder, unlawful possession of a weapon or other serious criminal charges in New Jersey visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Aggravated Assault and Robbery Convictions Reversed Due To Comments At Trial By Detective And Prosecutor

Anthony Coles was charged with second-degree robbery (N.J.S.A. 2C:15-1) and third-degree aggravated assault (N.J.S.A. 2C:12-1(b)(7)) after a physical altercation with another man outside a store in Union County, NJ wherein Coles allegedly robbed the man of several hundred dollars. Although the store had a recording system, the detective charged with obtaining the video failed to obtain the pertinent part thereof in order to bolster the State's case. Prior to the taping over of the portion of the video wherein Coles and the victim both appeared in the store, the video was viewed by officers who responded to the scene as well as the victim who identified Coles in the video as the person who beat and robbed him. Coles indicated that he knew the victim prior to the event because he had previously purchased marijuana from the victim and gave a different version of the reasons for the altercation. In State v. Coles, the detective charged with obtaining the video testified regarding the benefit the missing video would have offered the State's case as well as opinion testimony with regard to the State's case in general. Over the objection of defense counsel, the trial judge permitted the testimony of the detective and inappropriate statements made by the prosecutor during the state's closing argument. Based on the cases presented, the defendant was convicted of theft from the person (N.J.S.A. 2C:20-2(a)(2(e)) and simple assault (N.J.S.A. 2C:12-1(a)(1)) and sentenced to an extended 9 year term in prison as a persistent offender under N.J.S.A. 2C:44-3(a) with a discretionary parole disqualifier of 4.5 years. The NJ Appellate Division looked to State v. McLean, 205 N.J. 438 (2011) and State v. Vandeweaghe, 177 N.J. 229 (2003) regarding the matter of lay opinion testimony removing one function of the jury. McLean specifically sets forth that officer testimony may "include opinion…or what the officer 'believed', 'thought' or 'suspected,'…"McLean, 205 N.J. at 460. The Appellate Division determined it was error by the trial court to permit the detective's opinion testimony. Additionally, State v. DiFrisco, 137 N.J. 434, 474 (1994) and State v. Ramseur, 106 N.J.123, 322 (1987) lent guidance to the Appellate Division with regard to reversal of a conviction when the prosecution's closing arguments deprive the defendant of a fair trial. The Appellate Division held it impermissible for the prosecutor to use the defendant's presence at trial to discredit testimony provided by the defendant in summation as "tailored" after presentation of the state's case pursuant to State v. Daniels, 182 N.J. 80 (2004) and felt the impropriety to have raised a strong question regarding whether the defendant's right to a fair trial was upheld. As a result of the likelihood that defendant was deprived of his right to a fair trial the NJ Appellate Division remanded the matter for a new trial. Aggravated assault and assault charges are very serious and bear severe consequences. If you are facing assault charges, you should obtain experienced criminal defense counsel immediately to insure your rights are protected. For more information about aggravated assault, robbery and other serious criminal charges in New Jersey, visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Attempted Murder Suspect Entitled To Fair Trial

Geraldo Rivera was charged with the attempted murder (N.J.S.A. 2C:5-1 and N.J.S.A. 2C:11-3a(1)) of Sean and Michael Burns during a bar fight over Sean Burns' failure to tip the barmaid, Rivera's fiancée'. Sean Burns was left with four stab wounds to the torso and Michael Burns' was cut severely exposing his intestines. Rivera, who claimed self-defense, also suffered head wounds. Multiple witness accounts diverged considerably leaving the jury to decide which version was most plausible. At trial, the prosecutor utilized various methods, including PowerPoint to present the State's case. Rivera was ultimately convicted of second-degree aggravated assault (N.J.S.A. 2C:12-1(b)(1)) on Sean Burns and fourth-degree aggravated assault (N.J.S.A. 2C:12-1(b)(3)) on Michael Burns. Rivera was sentenced to eight years in prison with a period of parole ineligibility under the No Early Release Act (N.E.R.A.)(N.J.S.A. 2C:43-7.2). On Appeal in State v. Rivera, Rivera challenged the conviction based upon the State's unfair trial tactics depriving him of the right to a fair trial. The NJ Appellate Division determined that the prosecutor's display of Rivera's picture on a slide with the word guilty on it and other overly suggestive acts including climbing into the jury box at one point while Rivera was seated at the prosecutor's table to operate a projector as if to indicate fear of the defendant deprived Rivera of a fair trial. If you are facing charges of murder you are looking at a sentence of 30 years to life and even for lesser included offenses the sentence can be the same as life in prison depending on your age at sentencing. When confronting such charges, it is imperative that you have experienced and trusted criminal defense counsel at your side to ensure you have the best chance possible in fighting the case and protecting your rights. For more information about murder, aggravated manslaughter, assault or weapons charges in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

No PTI Application After Guilty Verdict

Sean Bell was indicted for second-degree aggravated assault (N.J.S.A. 2C:12-1(b)(1)) and third-degree aggravated assault (N.J.S.A. 2C:12-1(b)(7)) after fighting with another man at a party. Bell tried the case based on the second-degree charge which prevented his application to the Pre-Trial Intervention program (PTI)(N.J.S.A. 2C:43-12 to -22). During trial in State v. Bell, the second-degree charges were dismissed but Bell was convicted of the third-degree charges and made application to the PTI program. The Law Division admitted Bell to PTI in part due to Bell's reliance on State v. Halm, 319 N.J. Super. 569 (App. Div.), cert. denied, 162 N.J. 131 (1999). The State appealed based on the application being filed out of time under N.J. Court Rule 3:28(h) and State v. Wallace, 146 N.J. 576 (1996), wherein a dismissal of a second-degree offense was found not to justify a PTI application out of time. The NJ Appellate Division reversed finding Pre-Trial Intervention applications were required to be made prior to trial. On appeal, the State distinguished Halm by the timing of the defendant's PTI applications as well as the nature of the underlying charges. After substantial consideration of the purpose of diversionary programs, the NJ Supreme Court affirmed the Appellate Division's holding that the purpose of PTI was to offer defendants an opportunity to avoid the stigma of a guilty verdict and prevent use of additional judicial resources at trials. Further, the NJ Supreme Court held that permitting defendants to seek PTI after a guilty verdict would modify the program into an unintended "alternative sentencing option". Assault and aggravated assault charges are very serious and bear severe consequences including long-term incarceration. If you are facing charges of assault or aggravated assault, you should obtain experienced criminal defense counsel immediately to insure your rights are protected. For more information about assault, aggravated assault, assault with a deadly weapon or other serious criminal charges in New Jersey, visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Evidence Of Other Man's Semen Admissible In Sexual Assault Case

Bobby Perry was found guilty of second-degree sexual assault (N.J.S.A. 2C:14-2(c)(1)) and third-degree aggravated assault (N.J.S.A. 2C:12-1(b)(7)). He was sentenced to 8 years with an 85% parole ineligibility period under the No Early Release Act (N.E.R.A., N.J.S.A. 2C:43-7.2(a)) for the aggravated sexual assault and 4 years imprisonment for the aggravated assault. Additionally, Megan's Law (N.J.S.A. 2C:7-1 to -23) was applicable and Perry was sentenced to parole supervision for life. Perry and the victim were drinking together at his residence when he became angry with her and punched her in the mouth and told her to "sit on him". One of the Defendant's roommates returned from a party and he let the victim go. The victim said nothing while the roommate was in the room for some time. After the roommate left the room, the Defendant took the victim downstairs and tried to anally penetrate her, which she resisted, then performed oral sex on her before again trying to orally penetrate her. After this activity, the two returned to a room in the house and sat silently looking at her for some time. The Defendant then asked the victim what she was going to say happened to her face and she agreed to say that someone else had injured her. The victim later went to Maplewood Police Department, accompanied by her ex-boyfriend Mr. Wilkins, and Sergeant Guglielmo, upon seeing her injuries, called for an ambulance. At the hospital, Detective Fuentes of the Union Township Police Department met with the victim to give a statement. On the way to the police station, the victim showed Detective Fuentes where the attack occurred and identified Perry in a photo array. Officers appeared at the residence with a warrant and used a UV light to search for signs of bodily fluids or evidence of clean-up efforts but found nothing in the basement or bathroom and on a later date, the porch where only a small amount of blood was found on the back of a chair. The blood was later matched to the victim and semen was found in her clothing, however, no DNA found matched the Defendant. The Union County Superior Court Judge hearing State v. Perry denied Defendant's application to admit DNA evidence of another man's semen under the Rape Shield Law (N.J.S.A. 2C:14-7) finding that the presence of another man's semen had no bearing on whether consent was given to the Defendant and found the probative value of the evidence was outweighed by the prejudice referencing State v. Ryan, 157 N.J. Super. 121 (App. Div. 1978). Perry appealed on the basis that the evidence of other semen could indicate the possibility that the victim claimed she was raped to appease Wilkins, with whom she was in an on again, off again relationship. The Rape Shield Law was intended to protect the privacy of the victim while also ensuring defendants receive a fair trial. State v. Garron, 177 N.J. 147 (2003) State v. Budis, 125 N.J. 519 (1991) explained that the Rape Shield Law permits prior sexual history to prove another individual is the source of the semen or to negate force. The NJ Appellate Division determined the evidence of another man's semen in the victims clothes was necessary to put on a full defense as required under State v. Cotto, 182 N.J. 316 (2005). The probative value of the evidence, presented for the limited purpose of proving the victim was assaulted by Wilkins and lied to the police about who assaulted her, outweighed the potential prejudice. The appellate division reversed Perry's conviction and remanded the matter with the instruction that, should the evidence of another's semen be again proffered in the case, the trial court conduct a N.J.R.E. 104 hearing to determine admissibility of the evidence. If you have been charged with a sex crime you face severe consequences including prison, societal scorn and inclusion on the sex offender registry and possible involuntary civil commitment. It is critical you obtain experienced defense counsel to immediately begin to review the prosecution's, evidence, speak with witnesses, explore alibis you may have and build a defense. For more information about sexual assault, aggravated sexual assault, criminal sexual contact, endangering the welfare of a minor and other sex crimes visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Murder Conviction Cannot Stand on Cumulative Trial Errors

Jahnell Weaver and Khalil Bryant were in attendance at a graduation party in Camden, NJ where someone pulled a gun and fired 5 shots killing Edward Williams and wounding Amyr Hill. Although only one individual could have fired the gun, both Hill and Weaver were implicated by others at the party. Jahnell Weaver and Khalil Bryant were juveniles but both were charged as adults with first-degree murder (N.J.S.A. 2C:11-3(a)(1)(2)); first-degree attempted murder (N.J.S.A. 2C:5-1 and 2C:11-3); second-degree aggravated assault (N.J.S.A. 2C:12-1(b)(1)); third-degree assault with a deadly weapon (N.J.S.A. 2C:12-1(b)(2)); second-degree possession of a weapon for an unlawful purpose (N.J.S.A. 2C:39-4(a)); third-degree unlawful possession of a weapon (N.J.S.A. 2C:39-5(b)); and third-degree endangering an injured victim (N.J.S.A. 2C:12-1.2). At trial, the only significant dispute was weather Weaver or Bryant was the shooter. Both Weaver and Bryant were seen with guns at the party. Hill identified Bryant as the shooter then changed his testimony while other witnesses offered conflicting testimony. Weaver offered that Bryant later used the same weapon in a shooting as a defense and Weaver moved for a separate trial. The court denied Weaver’s application to admit other crimes evidence regarding Bryant’s shooting of another individual shortly after the incident in question due to the substantial prejudice it would cause against Bryant as well as denying Weaver’s request for a separate trial. The State was able to admit Bryant’s statement that he received the gun immediately after the shooting in question. However, because Bryant did not testify, Weaver did not have the opportunity to cross-examine him with regard to the statement. Lamike Goffney, an eyewitness, saw one of the men fleeing the scene hand the gun to another man fleeing the scene and other evidence in the trial led the jury to the conclusion that Bryant then received the weapon from Weaver. Weaver was ultimately convicted and appealed. After the NJ Appellate Division upheld the decision of the trial court, State v. Weaver was heard by the NJ Supreme Court. The NJ Supreme Court reversed the decision of the Appellate Division and remanded the matter for a new trial based on the potential prejudice to Weaver as a result of the cumulative errors in denying his request for a separate trial, refusing to allow other crimes evidence and allowing Bryant’s statement to enter without cross-examination. The penalty for murder is severe including 30 years to life in prison. If you are facing homicide charges, you need experienced criminal defense counsel to protect your rights. For more information about murder, homicide, unlawful possession of a weapon, possession of a weapon for an unlawful purpose, assault, assault with a deadly weapon or other serious crimes in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Attempted Assault Plea Reversed For Lack of Factual Basis

Lee Travers pled guilty to second-degree aggravated assault (N.J.S.A. 2C:12-1(b)(1)) and second-degree unlawful possession of a handgun (N.J.S.A. 2C:39-5(b)). Travers appealed his convictions and his sentence of 8 years subject to an 85 percent parole disqualifier under the No Early Release Act (NERA)(N.J.S.A. 2C:43-7.2). Police discovered a loaded gun in Travers car after receiving a call that he pointed a gun at his wife in front of their children, threatened to kill her and then pulled the trigger multiple times while Travers was under the influence. Although the gun found in Traver's car was older and had problems it did fire when examined by the State's expert and the defense expert never had opportunity to examine the gun as it had been mistakenly destroyed by the State. In State v. Travers, the NJ Appellate Court heard Defendant's appeal based on his provision of a factual basis which maintained that he did not have the intent to cause serious bodily injury to his wife and merely said what he was told to say in order to enter into the plea. The plea transcript included Travers' statement "[w]hen she said don't kill me, I pulled it out and I showed it that it didn't work and wasn't real." After reading the transcript of the factual basis, the NJ Appellate Division did find the factual basis insufficient to establish the specific intent necessary to obtain a conviction for attempted aggravated assault as it was not clear whether Travers believed the gun to be operable at the time of the incident. Pursuant to State v. Sainz, 107 N.J. 283, 293 (1987), a Defendant must set forth sufficient facts constituting the essential elements of the crime. Attempted aggravated assault requires the purposeful attempt to cause serious bodily injury (N.J.S.A. 2C:5-1(a)(1)). The Appellate Division also quoted State v. McAllister, 211 N.J. Super. 355, 362 (App. Div. 1986), "one cannot logically attempt to cause a particular result unless causing that result is one's 'conscious object'. The Appellate Division took no position as to Travers' belief that the gun was operable but only as to the insufficient factual basis when it reversed and remanded the matter. Assault and attempted assault charges are very serious and bear severe consequences. If you are facing assault charges, you should obtain experienced criminal defense counsel immediately to insure your rights are protected. For more information about assault, illegal possession of a handgun, possession of a weapon for an unlawful purposed or other serious criminal charges in New Jersey, visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Rap Lyrics Are Not Evidence Of Prior Crimes

Vonte Skinner was charged with attempted murder (N.J.S.A. 2C:5-1a(3), 2C:11-3a(1)); aggravated assault resulting in serious bodily injury (N.J.S.A. 2C:12-1b(1)); and aggravated assault with a deadly weapon (N.J.S.A. 2C:12-1b(2)); unlawful possession of a deadly weapon (N.J.S.A. 2C:39-5); and possession of a weapon with an unlawful purpose (N.J.S.A. 2C:39-4a) and convicted of attempted murder (N.J.S.A. 2C:5-1a(3), 2C:11-3a(1)); aggravated assault resulting in serious bodily injury (N.J.S.A. 2C:12-1b(1)); and aggravated assault with a deadly weapon (N.J.S.A. 2C:12-1b(2)). Skinner received an extended term of 30 years in prison and subject to certain parole ineligibility and supervision under the No Early Release Act (NERA) (N.J.S.A. 2C:43-7.2). Skinner’s case arose as a result of the 2005 shooting of Lamont Peterson multiple times at close range with a handgun. Evidence at the scene, including a cell phone belonging to Skinner, led to his arrest. During Skinner’s arrest, while driving someone else’s vehicle, his rap lyrics were recovered on the back seat of the vehicle. Peterson survived and advised the police that Peterson and Skinner both sold drugs for Brandon C. Rothwell. After Skinner joined the team as the third man, Peterson’s profits fell and he began keeping some of Rothwell’s money. Peterson and Skinner both testified that on the night of the shooting they had been in cell phone contact multiple times to arrange a meeting during which Skinner was to buy cocaine from Peterson. When Peterson arrived to meet Skinner, Rothwell was with Skinner. Peterson remembered seeking Skinner and the gun but no other details. Skinner testified that just as Peterson was about to give him the drugs he heard a gunshot and he and Peterson both ran off in different directions. Both sides offered witnesses at trial giving conflicting testimony. The State’s main evidence was the Defendant’s rap lyrics. The jury was not advised that the lyrics were written over several years but did hear an extensive portion of the lyrics and was made aware that the lyrics were in the first person view of a narrator named “Threat” which is a name Skinner has tattooed on his arm. The lyrics described multiple violent acts by “Threat”. The matter was appealed by the Defendant based in part on the reading of Skinner’s rap lyrics to jurors by the prosecution for the purpose of establishing motive and intent on the part of Skinner. The Defendant claimed the lyrics were not properly authenticated and inadmissible under N.J.R.E. 404(b) due to substantial prejudice to defendant outweighing their probative value. The NJ Appellate Division cited State v. Crumb, 307 N.J. Super. 204 (App. Div. 1997) and State v. Koskovich, 168 NJ. 448 (2001) which held that creative writing is merely expressive and does not constitute bad acts themselves and therefore writing comes within N.J.R.E. 404(b). The NJ Appellate Division determined the reading of the lyrics to be prejudicial to Skinner and prohibited by N.J.R.E. 404(b). The NJ Supreme Court heard State v. Skinner and rendered its decision on August 4, 2014. The Justices found that there was no real connection between the lyrics and the murder other than to inaccurately portray his depiction of street violence to establish Defendant’s motive and intent and upheld the decision of the NJ Appellate Division that the lyrics were highly prejudicial and of minimal probative value. The NJ Supreme Court heard the State’s argument that, under Joynes v. State, 797 A.2d 673, 677 (Del. 2002) that the act of creating rap lyrics is not, in and of itself, a “bad act” and should be governed under that standard of relevance under N.J.R.E. 401. The Court disagreed reasoning that N.J.R.E.404(b) is to protect a defendant from evidence which proves little while doing substantial harm. The Court’s primary analysis of admissibility under N.J.R.E. 404(b) was analysis of the 4 prongs of State v. Cofield, 127 N.J. 328, 336 (1992): (1) that the other crime, wrong or bad act evidence pertains to some material issue in dispute in the instant matter; (2) the other crime is similar in kind and reasonably close in time to the offense charged ; (3) proof the evidence of the other crime must be clear and convincing; and (4) any probative value is not outweighed by prejudice. If you are charged with a crime, there are strict limits to evidence which the State may use against you in making its case. To protect your freedom and rights if you are charged with any violent crime, you should consult with experienced criminal defense counsel immediately. For more information about murder, sexual assault, drugs, weapons charges or other serious crimes in New Jersey visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Denying Defendant Access To Witnesses Results In Reversal of Robbery Conviction

In 2007, a convenience store robbery took place in which a man showed the cashier a gun hidden in his hooded sweatshirt and demanded the money from the register. The cashier identified a photograph of Daniel Blazas from a photo array shown to him by police the following day at the Sayreville police station. Defendant's ex-fiancee, Jennifer McHugh, provided police with a statement a couple of days after the robbery saying she received a call from defendant indicating he had robbed the "Indian store." Defendant was charged with first-degree armed robbery (N.J.S.A. 2C:15-1); 3rd degree unlawful possession of a weapon (N.J.S.A. 2C:39-5(b)); 2nd degree possession of a weapon for unlawful purposes (N.J.S.A. 2C:39-4(a)); 4th degree aggravated assault (N.J.S.A. 2C:12-1(b)(4)); and 3rd degree theft (N.J.S.A. 2C:20-3). Defendant filed, among other motions, a motion to dismiss the indictment based on bias based on the misconduct of the prosecution in preventing the defense from speaking with Ms. McHugh directly or Sayreville police officers. After certain denials on the part of the prosecution, the trial judge denied defendant's motion. On the appeal of State v. Blazas, the court held that a defendant's right to due process is violated when the government substantially interferes with defendant's ability to present a complete defense. The Constitution guarantees criminal defendants the right to a complete defense which includes access to evidence the prosecution has whether said evidence is negative or favorable according to the Court in State v. Garron, 827 A.2d 243 (2003). In Blazas, the denial of access to witnesses by the prosecution was held to be conduct in violation of defendant's due process rights and requiring reversal of the defendant's conviction. If you or a loved one have been charged with a crime and believe a critical issue in the case will be witness testimony, you should consult with an experienced criminal defense attorney to ensure your rights are protected. A criminal record can have substantial impact in both the short and long term. In the short term, you may be facing prison, jail, drug court, rehabilitation or probation and in the long term you may face inability to obtain employment, denial of educational opportunities, loss of professional licenses, discrimination, registration as a sex offender or other embarrassing and limiting consequences. For more information regarding robbery, burglary, weapons offenses, assault, drug charges or other criminal law matters in New Jersey visit HeatherDarlingLawyer.com. This blog is for informational purposes and in no way intended to replace the advice of an attorney.