Criminal News Update for November 4, 2007

State v. Stackhouse, (unpublished decision of November 1, 2007):  the defendant appealed conviction on several charges including third degree theft in violation of N.J.S.A. 2C:20-3, second degree eluding in violation of N.J.S.A. 2C:29-2, and third degree burglary in violation of N.J.S.A. 2C:18-2.  The Appellate Division rejected the appeal and found, among other things, that the interrogation and subsequent confession made by the defendant did not violate Miranda.

State v. Han, (unpublished decision of November 1, 2007): the defendant filed a municipal appeal of his conviction for simple assault in violation of N.J.S.A. 2C:12-1a.  The Appellate Division found, however, that the findings of fact and law made by the Trial Judge were proper and affirmed the decision.

State v. Kye, (unpublished opinion of November 1, 2007): the defendant was convicted on charges of first degree robbery in violation of N.J.S.A. 2C:15-1 and was sentenced in accordance with the No Early Release Act (NERA), N.J.S.A. 2C:43-7, to ten years of imprisionment with an eighty-five percent period of parole ineligibility.  The Appellate Division reversed the conviction and ordered a new trial based on the trial judge's failure to properly instruct the jury in several respects.

State v. Darko,  (unpublished decision of November 2, 2007): the defendant appealed her denial of admission into the Pretrial Intervention Program ("PTI"), N.J.S.A. 2C:43-12.  In addressing the appeal, the Appellate Division reviewed the prosecutor's assessment and whether the required fifteen factors enumerated by the statute were properly applied.  In this regard, the Court found that the prosecutor did not abuse his discretion and that he was within his right to properly object to the admission into PTI.

State v. Gatson,  (unpublished decision of November 1, 2007): the defendant was convicted at trial and sentenced on third degree receipt of stolen property in violation of N.J.S.A. 2C:20-7 and for being a certain person in possession of firearm in violation of N.J.S.A. 2C:39-7.  The Appellate Division refused to vacate the conviction but remanded with instructions that the defendant should be resentenced.