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State of New Jersey v. Samuel Deemi

March 5, 2012

STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,
v.
SAMUEL DEEMI, DEFENDANT-APPELLANT.



On appeal from the Superior Court of New Jersey, Law Division, Hunterdon County, Indictment No. 09-04-00168.

Per curiam.

RECORD IMPOUNDED

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Submitted January 31, 2012

Before Judges Fisher and Baxter.

Defendant was charged with and found guilty by a jury of engaging in sexual relations with a person detained in an institution over whom defendant had supervisory or disciplinary power, N.J.S.A. 2C:14-2c(2). Among other penalties and conditions, defendant was sentenced to a seven-year prison term.

Defendant appeals, presenting the following arguments:

I. THE TRIAL COURT COMMITTED PLAIN ERROR BY INFRINGING ON DEFENDANT'S RIGHT TO COUNSEL, CONFRONTATION, AND COMPULSORY PROCESS BY LIMITING COUNSEL'S OPENING STATEMENTS UNDER A MISINTERPRETATION OF THE RAPE SHIELD LAW.

II. THE PROSECUTOR'S SUMMATION EXCEEDED THE BOUNDS OF PROPRIETY (Not Raised Below).

III. THE SENTENCE IMPOSED WAS MANIFESTLY EXCESSIVE.

Days prior to the disposition date for this appeal, defendant moved for leave to file a pro se supplemental brief. We granted that motion, thereby permitting defendant to present the following arguments:*fn1

I. THE TRIAL JUDGE'S RAPE SHIELD RULING VIOLATED DEFENDANT'S SIXTH AMENDMENT RIGHT OF CONFRONTATION.

II. THE TRIAL JUDGE ERRED IN ADMITTING DETAILED FRESH COMPLAINT TESTIMONY OF [A.B.].

III. TRIAL COUNSEL WAS INEFFECTIVE WHEN HE FAILED TO INTERVIEW WITNESSES WHO WOULD HAVE SUPPORTED THE ...


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