Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State of New Jersey v. Dewan Dennis

December 2, 2011

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
DEWAN DENNIS, DEFENDANT-APPELLANT.



On appeal from Superior Court of New Jersey, Law Division, Mercer County, Indictment No. 06-03-0328.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued April 5, 2011

Before Judges Carchman, Graves and St. John.

Appellant Dewan Dennis submitted a pro se supplemental brief.

Following a jury trial, defendant Dewan Dennis was convicted of first-degree conspiracy to commit murder, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:11-3(a)(1) (count one); and first-degree murder, N.J.S.A. 2C:11-3(a)(1) and (2), and N.J.S.A. 2C:2-6 (count two). At sentencing on March 28, 2008, the trial court merged count one with count two, and sentenced defendant to life imprisonment subject to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2, consecutive to the sentence defendant was serving for other offenses.*fn1

On appeal, defendant's attorney presents the following arguments:

POINT I

THE STATE HAVING TRIED THIS CASE ON THE SOLE THEORY THAT DEFENDANT WAS AN ACCOMPLICE BECAUSE HE HAD SOLICITED A MURDER, THE COURT COMMITTED REVERSIBLE ERROR IN GIVING A CHARGE ON ACCOMPLICE LIABILITY WHICH OMITTED SOLICITATION. (Not Raised Below)

POINT II

THE TRIAL [COURT] ERRED IN GIVING A CLAWANS INSTRUCTION ALLOWING THE JURORS TO INFER FROM DEFENDANT'S FAILURE TO PRODUCE CHRISTOPHER SMITH AS A WITNESS THAT SMITH WOULD HAVE TESTIFIED ADVERSELY TO THE INTERESTS OF THE DEFENDANT, SINCE THERE WAS NO REASON TO BELIEVE THAT SMITH COULD PROVIDE INFORMATION THAT WOULD BE HELPFUL TO EITHER PARTY. IN ADDITION, THE INSTRUCTION VIOLATED DEFENDANT'S FOURTEENTH AMENDMENT RIGHT TO DUE PROCESS OF LAW BY SUGGESTING THAT HE HAD A BURDEN TO PRESENT WITNESSES TO SUPPORT HIS ALIBI DEFENSE.

POINT III

THE TRIAL COURT COMMITTED PLAIN ERROR IN FAILING TO CHARGE THE JURY ON [DEFENDANT'S] ALIBI. (Not Raised Below)

POINT IV

THE TRIAL COURT ERRED IN ALLOWING THE STATE TO PRESENT HIGHLY PREJUDICIAL RULE 404(B) EVIDENCE IN REBUTTAL BECAUSE "THE SCOPE AND DEPTH OF THE DEFENDANT'S AUTHORITY IN THE BOUNTY HUNTER BLOODS" WAS NEVER AN ISSUE IN THE CASE AND BECAUSE THE STATE'S EVIDENCE WENT FAR BEYOND THAT "RELEVANT TO THE ISSUE OF CREDIBILITY."

A. THE FACTUAL BACKGROUND

B. THE LAW

Defendant also presents the following points in a pro se supplemental brief:

POINT I

DID THE STATE DENY THE GRAND JURY ACCESS TO SIGNIFICANT CONTRADICTORY EVIDENCE THAT INTERFER[ED] WITH THE GRAND JURY DECISION-MAKING FUNCTION.

A. ORDER TO KILL.

B. INDICTMENT.

C. THEORY CHANGE OF CIRCUMSTANCES.

POINT II

DID THE STATE MAKE INACCURATE FACTUAL ASSERTIONS DURING TRIAL THAT AMOUNTED TO PROSECUTORIAL MISCONDUCT, DENYING APPELLANT A FAIR TRIAL; AND ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.