Legal News Update for November 5, 2007

Alcotest Update: the Supreme Court still has not decided the issues concerning use and admissibility of Alcotest results.  The new breath test device, Alcotest, shall remain subject to a stay in terms of convictions.  A decision is expected by the Supreme Court in early 2008.

State v. Jacobs, (Unpublished Decision of November 5, 2007): the defendant challenged his sentence after pleading guilty to third degree possession with intent to distribute heroin and conviction on separate charges at trial of aggravated assault, possession of a weapon for unlawful purpose, and eluding.  The Appellate Division rejected defendant's arguments and affirmed the convictions and sentence.

State v. Cunningham, (Unpublished Decision of November 2, 2007):the defendant in this case challenged his conviction for murder based on a claim of ineffective assistance of counsel.  The Appellate Division affirmed the trial court conviction, finding that the quality of representation was sufficient.

State v. Bailey, (Unpublished Decision of November 1, 2007): the defendant challenged a conviction for second degree eluding in violation of N.J.S.A. 2C:29-2b, and third degree resisting arrest in violation of N.J.S.A. 2C29-2a(2).  The basis for the appeal was primarily on the theory that it was error for the trial court to merge the convictions and impose nine years of imprisonment.  The Appellate Division disagreed and concluded that it was proper for the trial court to merge the charges and impose the sentence.