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State v. List

Decided: June 21, 1993.

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



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

Pressler, R.s. Cohen and Kestin.

Per Curiam

Defendant was charged with and convicted of five counts of first degree murder. He was sentenced to five consecutive life terms. The following issues are raised on appeal:

POINT I THE TRIAL COURT ERRED IN DENYING THE SUPPRESSION MOTION BECAUSE THE EXCEPTIONS IT RELIED UPON [INEVITABLE DISCOVERY, EMERGENCY AID ON EXIGENT CIRCUMSTANCES, ABANDONMENT] DID NOT EXCUSE OR JUSTIFY THE WARRANTLESS ENTRY AND SEARCHES OF THE RESIDENCE AND ITS CONTENTS THAT OCCURRED. THE SEARCHES AT ISSUE VIOLATED BOTH THE UNITED STATES AND STATE CONSTITUTIONS.

POINT II TRIAL COUNSEL'S FAILURE TO MOVE TO SUPPRESS EVIDENCE OBTAINED AS A RESULT OF SEARCH WARRANTS WHICH WERE BASED UPON EVIDENCE SEIZED IN THE WARRANTLESS SEARCH OF THE LIST RESIDENCE CONSTITUTES INEFFECTIVE ASSISTANCE OF COUNSEL.

POINT III THE TRIAL COURT'S DECISION THAT THE LETTER FROM DEFENDANT TO HIS MINISTER WAS ADMISSIBLE VIOLATED NOT ONLY EVIDENCE RULE 29 BUT ALSO THE FIRST AMENDMENT TO THE UNITED STATES CONSTITUTION AND ART. 1 PARA. 3 AND 4 OF THE CONSTITUTION OF THE STATE OF NEW JERSEY.

POINT IV THE SEIZURE BY THE POLICE OF THE DEFENDANT'S LETTER TO HIS PASTOR VIOLATED THE DEFENDANT'S RIGHT AGAINST SELF-INCRIMINATION AS PROTECTED BY THE FIFTH AMENDMENT AND BY THE NEW JERSEY COMMON LAW PRIVILEGE AGAINST SELF-INCRIMINATION. (Not Raised Below)

POINT V THE VENUE AND MANNER OF JURY SELECTION DENIED THE DEFENDANT HIS CONSTITUTIONALLY GUARANTEED RIGHT TO A FAIR TRIAL.

A. The Court Erred in Denying Defendant's Motion for a Change of Venue.

B. The Court's Failure to Excuse Jurors with Preconceived Opinions Denied the Defendant His Constitutional Right to an Impartial Jury.

C. The Trial Court Should Have Increased the Number of Preemptory Challenges Afforded to Defendant.

POINT VI DEFENDANT WAS DENIED A FAIR TRIAL BY THE COURT'S ERRONEOUS INSTRUCTION TO THE JURY AS TO MALICE AND MENTAL DEFECT, BY THE COURT'S LIMITATION OF THE TESTIMONY SOUGHT TO BE PRESENTED BY THE DEFENSE AS TO MALICE AND MENTAL ...


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