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State v. Williams

Decided: November 19, 1986.

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
JOHN WILLIAMS, DEFENDANT-APPELLANT



On appeal from the Superior Court, Law Division, Camden County.

Antell, Long and D'Annunzio. The opinion of the court was delivered by Long, J.A.D.

Long

[214 NJSuper Page 13] After a jury trial, defendant John Williams was found guilty of attempting to cause serious bodily injury to Carolyn Brown by stabbing her (N.J.S.A. 2C:12-1(b)(1)); attempting to cause

serious bodily injury to her with a deadly weapon, a knife (N.J.S.A. 2C:12-1(b)(2)); possession of a weapon under circumstances not manifestly appropriate for such uses as it may have (N.J.S.A. 2C:39-5(d)); possession of a weapon with intent to use it unlawfully against another (N.J.S.A. 2C:39-4), and attempted murder (N.J.S.A. 2C:5-1 and 2C:11-3). After merging the other four counts, the trial judge sentenced defendant on the attempted murder conviction to a custodial term of ten years with a five year parole disqualifier. He also imposed a $500 Violent Crimes Compensation Board penalty.

This appeal ensued in which defendant claims that the following trial errors warrant reversal:

POINT I -- The trial court erred in denying defendant's motion under Evid. R. 55 to admit exculpatory evidence of other crimes.

POINT II -- The conviction should be reversed because the testimony of Grace Banks and Michelle Burgess and the patent inferences to be drawn there from, was in violation of Evid. R. 47 and deprived defendant of a fair trial (Not Raised Below).

POINT III -- No evidence was introduced by the State which would make out a prima facie case against the defendant and the motion for acquittal should have been granted.

POINT IV -- It was reversible error for the court to have admitted into evidence the victim's pocketbook (Not Raised Below).

POINT V -- The appellate division should reverse the conviction below as being against the weight of the evidence (Not Raised Below).

POINT VI -- Because of the ineffective assistance of counsel in failing to provide the State with timely discovery defendant's conviction should be reversed.

POINT VII -- The conviction below should be reversed because the trial judge did not restrict the testimony of Grace Banks and Michelle Burgess to its proper scope and restrict the jury in accordance with Evid.R. 6. (Not Raised Below).

POINT VIII -- Notwithstanding the failure of defense counsel to provide the State with discovery, the court abused its discretion in failing to allow Janet Wintner to testify for the defense. (Not Raised Below).

POINT IX -- The trial court committed reversible error by failing to conduct a hearing regarding the admissibility of the testimony of Grace Banks and Michelle Burgess under Evid. R. 4. (Not Raised Below).

POINT X -- The trial court committed reversible error by failing to conduct a hearing regarding the admissibility of the testimony of Grace Banks and Michelle Burgess ...


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