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State of New Jersey v. Glen A. Mays

July 21, 2011

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
GLEN A. MAYS, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Sussex County, Indictment No. 07-02-0082.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted March 2, 2011

Before Judges Fuentes, Ashrafi and Nugent.

Defendant Glen Mays appeals his conviction by a jury on charges of attempted murder, aggravated assault, and possession of a weapon for an unlawful purpose. He alleges the following errors in his trial and sentencing:

POINT I

THE DEFENDANT WAS DENIED HIS RIGHT TO A FAIR TRIAL AS A RESULT OF TESTIMONY GRATUITOUSLY VOLUNTEERED BY A POLICE OFFICER DURING CROSS-EXAMINATION THAT THE DEFENDANT HAD PREVIOUSLY BEEN ARRESTED IN THE PAST, COMBINED WITH THE TRIAL COURT'S REFUSAL TO PERMIT DEFENSE COUNSEL TO RECTIFY THE ERRONEOUS IMPRESSION LEFT IN THE JURORS' MINDS.

POINT II

THE DEFENDANT WAS DENIED HIS RIGHT TO A FAIR TRIAL AS A RESULT OF TESTIMONY ELICITED FROM A STATE'S WITNESS INDICATING THE DEFENDANT HAD THREATENED TO KILL THE ALLEGED VICTIM IN THE PAST.

POINT III

THE TRIAL COURT ERRED BY FAILING TO INSTRUCT THE JURY REGARDING THE TESTIMONY ADMITTED AT TRIAL PURSUANT TO N.J.R.E. 404(b). (NOT RAISED BELOW).

POINT IV

THE TRIAL COURT ERRED BY RULING THE STATE WOULD BE ENTITLED TO A CLAWANS CHARGE IN THE EVENT THE DEFENSE DID NOT CALL THE DEFENDANT'S SISTER AS A WITNESS.

POINT V

THE JURY'S VERDICT FINDING THE DEFENDANT GUILTY OF ATTEMPTED MURDER ARISING OUT OF COUNT I WAS AGAINST THE WEIGHT OF THE EVIDENCE (NOT RAISED BELOW).

POINT VI

THE TRIAL COURT ERRED IN RULING THAT TWO OF THE DEFENDANT'S PRIOR CONVICTIONS WERE ...


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