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.

180 Days In Jail For Driving While Suspended For DUI

James French had been convicted of 9 Driving Under the Influence (DUI) events prior to being stopped by police in Warren County, NJ who observed him to be driving erratically and to have an inoperable brake light on his vehicle. He was sentenced, by Warren County Superior Court Judge Ann Bartlett, to 90 days in jail followed by 90 days in an inpatient treatment facility. The Prosecutor appealed French's sentence as not meeting the requirements of the applicable statute. In 2011, the NJ State Legislature passed new legislation, N.J.S.A. 2C:40-26(b), directed at driving while suspended for DUI. The statute was drafted by the legislature to punish those driving while suspended for multiple DUIs. N.J.S.A. 2C:40-26(b) makes driving while suspended for a second or subsequent DUI or refusal to submit to chemical breath tests a 4th degree criminal offense and requires a 180 day jail sentence with no possibility of parole. Under DUI Statute, N.J.S.A. 39:4-50, a 3rd or subsequent DUI is punished by a minimum 180 days in jail, 90 of which may be served in an inpatient rehabilitation facility. In State v. French, the NJ Appellate Division decided that the legislative intent in drafting N.J.S.A. 2C:40-26(b) was to levy a higher penalty on those who would continue to drive while suspended for DUI. In reversing the decision of the Warren County Superior Court Judge, the NJ Appellate Division determined that the statute plainly includes a 180 day jail sentence without eligibility for parole and makes no provision for inpatient rehabilitation. DUI is a very serious offense with substantial consequences including jail and loss of driving privileges which may result in loss of your job and other consequences. If you are facing DUI charges, you should obtain an experienced DUI defense attorney immediately. For more information about DUI, Driving While Intoxicated (DWI), underage DUI, drug DUI, controlled dangerous substance (CDS) in a motor vehicle or other serious driving infractions in New Jersey visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.

Change To Spousal Privilege Following Drug Distribution Case?

Yolanda Terry, Teron Savoy and multiple others were charged with conspiracy to manufacture and possess with intent to distribute as well as distribution of cocaine and heroin (N.J.S.A. 2C:5-2, 2C:35-5a and 2C:35-5b(1)). Teron Savoy and his wife, Yolanda Terry, were part of an alleged drug manufacturing and trafficking network along with approximately 20 others. Savoy was also charged as a leader of a drug trafficking network (N.J.S.A. 2C:35-3) and possession with intent to distribute heroin (N.J.S.A. 2C:35-5a(1) and N.J.S.A. 2C:35-5b(3). As a result of their observations of Savoy and others including Terry who purportedly worked under Savoy, the State obtained a warrant to intercept communications of Savoy and others. In State v. Yolanda Terry, the spousal communication privilege was determined to protect communications between husband and wife even in the event that such communications are in furtherance of ongoing or future criminal activity. The NJ Supreme Court, in upholding the privilege and suppressing communications intercepted by the State through a wiretap of Yolanda Terry's phone, did make clear that upholding the privilege in the face of criminal activity was likely contrary to the Legislative intent. Although communications were overheard and therefore would be disclosed by the State as a third party they do not lose their privileged status according to N.J.S.A. 2A:156-11, a provision of the NJ Wiretapping and Electronic Surveillance Control Act (N.J.S.A. 2A:156A-1 to -37). In rendering its unanimous opinion the NJ Supreme Court held that although safeguarded under current legislation, the marital privilege is intended to encourage communication between spouses with the goal of harmonious marriages and is not intended to further spouses engaged in joint criminal enterprise. Also included in the opinion of the Court was the fact that multiple other privileges are set aside under exception when ongoing or future criminal activity is furthered by said privileges. An example included in the opinion of the Court was Matthews v. Hoagland, 48 N.J. Eq. 455, 465-70 (Ch. 1891) where the "crime-fraud exception to the attorney-client privilege was recognized in New Jersey common law in the case that first acknowledged the privilege itself." As a result of this case, the NJ Supreme Court petitioned the Legislature to modify New Jersey Rule of Evidence 509 to create an exception when the marital privilege serves to further criminal acts. If you have been charged with drug related crimes or were charged with criminal activity as a result of a wiretap, you should obtain experienced criminal defense counsel immediately. For more information about controlled dangerous substances (CDS) including possession, manufacturing, distribution or possession with the intent to distribute, CDS in a motor vehicle or driving under the influence (DUI) as a result of ingesting CDS visit DarlingFirm.com. This blog is for informational purposes 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.

After Gun Is Discharged A Warrantless Search Is Upheld Over Objection of Resident

Michael Lamb fired a handgun at others on a public street. Sometime later police found his vehicle in front of the trailer home in which he resided with his family. In State v. Lamb, the NJ Supreme Court recently decided whether a warrantless search could be upheld when one party at the scene consents after another strongly objecting party has been removed from the scene by police. Upon seeing the police, Lamb's step-father, Steven Marcus, immediately advised them they were not permitted upon his property. Police then proceeded to remove Lamb's step-father from the scene. Thereafter, they were able to coax Lamb from the residence and he was arrested. Police then sought consent to enter the trailer home and Lamb's mother agreed. Within Lamb's bedroom a box containing a handgun was located and used against him at trial. The court looked at multiple factors in upholding the warrantless search over the initial objections of Lamb's step-father. Factors included the proximity in time to the shots fired, the fact that the individual refusing consent was no longer present and the eventual consent of Lamb's mother. Countervailing factors including the initial objection of Marcus, the fact that Lamb's removal from the residence also removed the likelihood of danger from further shots fired and the ability of police to obtain a warrant did not serve to render the search invalid. In another case decided at the same time, the NJ Supreme Court held a warrantless search valid when consent was obtained from a homeowner to search the locked room of a relative who resided in the home but was being detained nearby. In State v. Coles, the fact that the police had detained Byseem Coles nearby was a substantial factor in holding the search to be invalid although his aunt had granted consent to search his room. In spite of the ruling in Coles, where the defendant was being detained nearby while permission was sought from Coles' aunt, the court upheld the search in Lamb even though Marcus, who plainly and vehemently objected to the search, was removed from the scene by police. If you are facing charges for weapons offenses or believe that evidence against you was obtained illegally, you should obtain experienced criminal defense counsel immediately. For more information about use or possession of a weapon for an unlawful purpose, possession of a handgun without a permit, unlawful possession of a weapon, use or possession of a weapon in the commission in the commission of a crime or other criminal charges in New Jersey visit DarlingFirm.com. This blog is for informational purposes 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.

Investigation of Newark Police Leads To Updated Procedures

After a multi-year investigation of the Newark Police Department by federal prosecutors, Newark Mayor Ras Baraka has entered into an agreement to install an independent monitor of the Newark Police Department and establish procedures designed to restore the public trust in the police. The investigation was prompted, in part, by the NJ chapter of the American Civil Liberties Union (ACLU) making accusations of long-term misconduct by Newark Police including death in custody, excessive force, false arrest, planting evidence, improper internal affairs procedures, unlawful search and other unconstitutional actions. The U.S. Department of Justice reported findings including excessive force and lack of adherence to the constitution in carrying out duties by officers. In addition to the independent monitor, changes will include cameras in patrol cars and on the person of certain officers, improved training and improved internal affairs procedures. This change comes at a time when random gun violence in Newark has been the frequent topic of media reports bringing the feasibility of implementation into question. For more information about search and seizure, probable cause, guns, drugs or other 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.