Call Now For Help

732.580.1237

Criminal Conviction Reversed on NJ Appeal

01
Feb
2010

by in Criminal Appeals

In this NJ criminal appeal, the defendant was able to convince the Appellate Division to reverse his conviction by arguing that the trial judge should have continued his trial to allow his witness to testify.

State v. Derek A. Clark, unpublished opinion, App. Div. Docket No. A-1083-08T4 (December 2, 2009) – Conviction reversed. “Defendant testified that four days before the police executed the warrant for the search of his home, a friend of his named Antwan Allison came to his house and told him he needed to put some items in defendant’s safe while he went to visit his wife in the hospital….

We conclude that the trial court abused its discretion in denying defendant’s application for a one-day continuance of the trial to afford defendant an opportunity to produce Allison as a defense witness, and that defendant made a sufficient showing of prejudice as a result of that denial to require a reversal of his conviction and a retrial….

[D]efense counsel stated at a pretrial conference that the prosecutor’s office had taken a video statement from Allison, and the assistant prosecutor did not dispute that Allison’s testimony would be supportive of the defense. Under all these circumstances, the trial judge abused his discretion in refusing to grant a one-day continuance of the trial until Monday or even to explore the feasibility of such a continuance or other steps that would have enabled defendant to call Allison as a witness.” (John W. Hartmann)

  • //www.judiciary.state.nj.us/opinions/a1083-08.pdf

LOCATIONS

*ALL LOCATIONS BY APPOINTMENT ONLY*

CALL NOW FOR HELP

732.580.1237

CONNECT WITH US

*No aspect of this advertisement has been approved by the Supreme Court of New Jersey | Rating Methodology | Disclaimer | Privacy Policy
The information contained in on this website is for general information purposes only. The information is provided by The Law Offices of Anthony J. Vecchio and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to The Law Offices of Anthony J. Vecchio or the information, products, or services contained on www.anthonyvecchiolaw.com for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
The results of verdicts and settlements mentioned herein are not typical. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.

Site by Consultwebs.com: Law Firm Website Designers / Criminal Defense/DWI Lawyer Marketing.