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State v. McGuigan

March 30, 2010

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
BERNARD J. MCGUIGAN, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Burlington County, Indictment No. 04-05-0580.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 20, 2010

Before Judges Wefing and Messano.

Defendant Bernard J. McGuigan appeals from the judgment of conviction that followed a jury trial at which he was found guilty of fourth-degree willful non-support, N.J.S.A. 2C:24-5, and fourth-degree contempt, N.J.S.A. 2C:29-9(a). He raises the following points for our consideration:

POINT ONE

BECAUSE THE STATE FAILED TO PROVE THE ELEMENTS OF WILLFUL NON-SUPPORT AND CONTEMPT BEYOND A REASONABLE DOUBT, THE TRIAL JUDGE ERRED IN DENYING DEFENDANT'S MOTION FOR JUDGMENT OF ACQUITTAL.

POINT TWO

PROSECUTORIAL MISCONDUCT DEPRIVED DEFENDANT OF HIS RIGHT TO A FAIR TRIAL. (Not Raised Below)

POINT THREE

THE TRIAL COURT'S FAILURE TO GIVE A CLAWANS*fn1 CHARGE DENIED DEFEDANT A FAIR TRIAL.

We have considered these arguments in light of the record and applicable legal standards. We affirm.

I.

The events set forth in the indictment were alleged to have occurred on various dates beginning in 1999 and culminating in 2001. At trial, it was undisputed that defendant fathered a son, B.M., who was born in July 1989 to Robin Pavlo. Shortly thereafter, defendant and Pavlo separated. Philip Shaner, an investigator with the Burlington County Probation Child Support Enforcement Unit testified as to the various court orders that were entered in the Family Part beginning in December 11, 1989, when defendant was first ordered to pay $50 per week in child support. Because defendant began to accrue arrearages in his support obligations, probation ...


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