 | According to the Associated Press, citing a New Jersey judge, nearly 15,000 drug cases might have been undermined after a forensic lab technician was accused of shoddy work. The AA reported that Superior Court Judge Edward Jerejian held a preliminary hearing on June 29, 2016 in Bergen County to outline the process for vetting conviction challenges. Jerejian said the courts are expecting hundreds, if not thousands, of cases. Jerejian's order stipulates that cases involving suspended lab technician Kamal Shah will continue to be heard in their original counties. Cases where the defendant has already been convicted will be forwarded to Jerejian for review. If you ever had a case that involved a laboratory examination by Shah, you should contact us immediately. |
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When is a Cigar not a Cigar? - Court of Appeals Rules on "Blunt" as Not Drug Paraphernalia2/26/2014  The New Jersey Appellate Division just ruled in State in the Interest of M.R. (juvenile case out of Camden County) that, sometimes, a cigar is just a cigar. In the lower trial court, Judge Pugliese had ruled that the cigar was a "blunt and it's used for marijuana purposes." The Appellate Division disagreed and overturned the conviction. The higher court ackowledged that the cigar is like a tobacco pipe and can "sometimes" satisfy the definition of drug paraphernalia. However, in M.R., the prosecutor (Camden County Prosecutor's Office) had failed to prove beyond a reasonable doubt that M.R. "knowingly possessed the cigar as drug paraphernalia 'with intent to use' it.
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AuthorRichard Sparaco, Esq. will post changes in the laws and interesting caselaw decision that may affect you or someone you know. Archives
June 2016
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