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September 14, 2012
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,v.MARVIN JARVIS, DEFENDANT-APPELLANT.
On appeal from the Superior Court of New Jersey, Law Division, Monmouth County, Indictment No. 07-08-1961.
Submitted September 4, 2012 -
Before Judges Alvarez and Ostrer.
Defendant appeals from an order denying post-conviction relief (PCR). Defendant entered a plea in Monmouth County to third-degree distribution of a controlled dangerous substance, N.J.S.A. 2C:35-5b(3), and distribution of over one-half ounce of CDS, cocaine, to an undercover detective, N.J.S.A. 2C:35-5b(2).*fn1
He had been charged in a seventeen-count indictment with multiple CDS-related offenses on various days in the fall of 2006. Pursuant to the plea agreement, Judge Thomas F. Scully treated the second-degree offense as a third-degree offense for sentencing purposes and sentenced defendant to five years probation, conditioned on participation in Drug Court.
Defendant argued in his pro se PCR petition and through appointed PCR counsel, that his trial counsel was ineffective because he failed to inform defendant that, as a permanent legal resident from the Dominican Republic, he was subject to mandatory deportation as a consequence of his conviction. Defendant certified that he would not have entered into the plea agreement had he been so informed. Judge Scully denied defendant's petition without an evidentiary hearing. We affirm.
In his allocution, defendant admitted that he sold cocaine to an undercover detective on multiple days, including on December 28, 2006 in Matawan. He admitted that he distributed over one-half ounce of cocaine. Before defendant entered his plea, both defense counsel and the court expressly addressed defendant's status as a non-citizen, and the consequences of his plea.
Upon stating his appearance at the outset of the plea hearing February 15, 2008, defense counsel noted defendant's status and the likelihood of deportation.
John Brown on behalf of Mr. Jarvis, Your Honor.
I do note that Mr. Jarvis is a permanent resident. He came here from Antigua, so that question was marked that he understands that he can be deported.
I informed him that - I cannot give him any legal advice on whether he would be deported, though we had two former Drug Court clients that, despite their successful participation in Drug Court, when pled guilty to the similar offenses, were deported.
So, I've instructed him to seek . . .
[c]counsel immediately on that particular issue.
Judge Scully returned to the issue in his questioning of defendant.
THE COURT: And you are - you are not a United States citizen; is that correct?
THE DEFENDANT: Yes, sir.
THE COURT: And now, . . . Mr. Brown has explained to you in detail the fact that this plea could result in your deportation.
THE COURT: This unquestionably will have some type of an impact on your residency status, so you need to . . . address that immediately by way of seeking Counsel upon the conclusion of this proceeding. Do you understand that?
THE COURT: Any questions about that at all? THE DEFENDANT: No, sir.
THE COURT: Notwithstanding that even though this has the potential for having that type of an impact, it is your intention to freely and voluntarily enter this plea of guilty; correct?
Defendant also testified that he reviewed every question in the plea form, and answered the questions truthfully. Defendant answered "Yes" to question 17 of the form, which asked, "Do you understand that if you are not a United States citizen or national, you may be deported by virtue of your plea of guilty?"
There is no evidence in the record that defendant consulted with an immigration attorney as the court strongly advised, pending sentencing. The issue of defendant's immigration status and the consequences of his plea were not mentioned when the court sentenced defendant on March 7, 2008. Defendant did not file an appeal from his sentence.
He filed his pro se PCR in September 2009. The court heard oral argument on August 4, 2010. Finding that an evidentiary hearing was unnecessary, Judge Scully applied the two-prong test for determining whether defendant was entitled to PCR. See Strickland v. Washington, 466 U.S. 668, 694, 104 S. Ct. 2052, 2068, 80 L. Ed. 2d 674, 698 (1984) (defendant must establish (1) that his counsel's performance was deficient and he made errors so serious that counsel was not functioning as guaranteed by the Sixth Amendment and (2) that defendant was prejudiced such that there existed a reasonable probability that, but for counsel's unprofessional errors, the result would have been different); State v. Fritz, 105 N.J. 42, 58 (1987) (adopting Strickland standard).
Judge Scully found that defense counsel had provided effective assistance regarding the immigration consequences of the plea. The judge distinguished defense counsel's performance from that of the attorney in State v. Nunez-Valdez, 200 N.J. 129, 140-42 (2009), who affirmatively misinformed his client about the immigration consequences of his plea in response to his inquiry. Referring to the case before him, Judge Scully found, "Defense Counsel never made any . . . material misleading information about the likelihood of deportation following this Defendant's plea." Rather, Judge Scully noted that defense counsel informed defendant that two previous clients who entered pleas to similar crimes and received Drug Court sentences were in fact deported. The judge recalled that he told defendant that his plea would "unquestionably have an impact on his immigration status" and advised him to seek advice from immigration counsel.
Judge Scully reviewed the United States Supreme Court's then-recent decision in Padilla v. Kentucky, ___ U.S. ___, 130 S. Ct. 1473, 176 L. Ed. 2d 284 (2010). He noted the Court held that an attorney's "misadvice or omission of advice regarding their immigration consequences constitutes deficient performance of Counsel." He noted that "when the immigration consequences are straightforward, Counsel must advise the Defendant their plea does carry the risk of adverse immigration consequences," but "when the immigration . . . consequences are not straightforward, Counsel . . . need do no more than to advise the non-citizen client that pending charges may carry a risk of adverse immigration consequences[.]" Judge Scully concluded that defense counsel satisfied that standard as he did inform defendant that his plea "would result in the risk of deportation."
Judge Scully also found defendant had failed to present prima facie evidence of prejudice from the allegedly ineffective assistance of counsel. "[T]here is no indication whatsoever that this Defendant would have decided to go to trial rather than to take this plea." The court noted the State's case was very strong, as defendant was alleged to have sold drugs repeatedly to an undercover detective; and he received an "extraordinarily favorable" plea agreement, allowing a non-custodial sentence for a second-degree offense. The court observed defendant had presented no evidence that he sought immigration counsel after his plea hearing, as counsel and the court suggested.
Defendant appeals and raises the following points for our consideration:
We affirm, substantially for the reasons set forth in Judge Scully's comprehensive and well-reasoned oral opinion. We add the following comments.
Neither Judge Scully nor the parties had the benefit of our Supreme Court's decision in State v. Gaitan, 209 N.J. 339 (2012). However, it is now settled that when defendant entered his plea in 2008, defense counsel was not required, as part of his obligation to provide effective assistance, to inform defendant that he faced a virtual certainty of removal or deportation as a result of his conviction of an aggravated felony. The Gaitan Court declined to give retroactive effect to the dictate in Padilla, supra, ___ U.S. at ___, 130 S. Ct. at 1483, 176 L. Ed. 2d at 296 that "an attorney must tell a client when removal is mandatory - when consequences are certain[.]" Gaitan, supra, 209 N.J. at 380. Our Supreme Court held that Padilla established a new rule of law. Id. at 373.
Rather, defense counsel pre-Padilla was required to avoid affirmatively misinforming his client about the immigration consequences of his plea; he was also required not to compound the error by providing inaccurate and misleading information. Ibid. The Court in Nunez-Valdez, supra, 200 N.J. at 140-42, held that providing such misinformation and misleading information was ineffective assistance, and the Court in Gaitan, supra, held that was not a new rule of law and thus it applied retroactively, 209 N.J. at 373-74.
Applying the standard of performance enunciated in NunezValdez, but refraining from retroactively applying the standard enunciated in Padilla, the Court held that Gaitan's attorney did not provide ineffective assistance of counsel under far less compelling circumstances than those presented here. Gaitan was alerted to potential immigration consequences through the plea form, and counsel did not affirmatively provide false information. Gaitan, supra, 209 N.J. at 374. "Gaitan, at a minimum, was put on notice of the issue of potential immigration consequences through the plea form, which distinguishes this matter from Nunez-Valdez, where the defendant received false and affirmatively misleading information." Ibid. The Court noted there was no evidence Gaitan sought additional information about immigration consequences. Id. at 375. The Court concluded, "Because Gaitan neither received affirmative misadvice, nor provided any support for his bald assertion that he would not have pled had he known of the deportation consequences, he is not entitled to an evidentiary hearing." Id. at 376.
In the companion case of State v. Goulbourne, the court expressly advised the defendant, "by reason of this conviction, you could be deported," but "[i]t would be up to Immigration." Id. at 377. Counsel conceded he did not practice immigration law; added that deportation was "not guaranteed because we don't know;" but then stated, "they have the right to deport you, and they may very well do that[.]" Id. at 378. The Gaitan Court found that Goulbourne had received effective assistance. "Here, defendant did not receive wrong advice under existing law at the time. The immigration consequences were emphasized as real and beyond the control of the criminal justice system . . . ." Id. at 379. The Court also found no prejudice in Goulbourne's case because the record reflected that his attention was focused on the length of his incarceration, and immigration consequences were apparently not a concern. Id. at 378-79.
In this case, defendant received significantly more extensive, pointed and clear advice regarding his plea's immigration consequences than did Gaitan or Goulbourne. In addition to defendant's acknowledgement, like Gaitan's, of the possibility of deportation on the plea form, defense counsel expressly warned defendant on the record that "he can be deported." Rather than affirmatively state, as did Goulbourne's counsel, that deportation was "not guaranteed," when it in fact was mandatory given his aggravated felony, defense counsel here implied that deportation may be unavoidable. He stated two former clients in similar circumstances were deported and offered no distinction between those clients and defendant. While defense counsel conceded that he was not prepared to "give him legal advice on whether he would be deported," he "instructed [defendant] to seek Counsel immediately."
Judge Scully reinforced defense counsel's advice by stating not only that "this plea could result in [defendant's] deportation," but also that his plea "unquestionably will have some type of an impact on [defendant's] residency status." Defendant acknowledged all that advice and proceeded to enter a plea. In sum, defense counsel exceeded the minimum standard enunciated in Nunez-Valdez, supra.
We also find sufficient credible evidence to support Judge Scully's determination that even if defense counsel were deemed deficient, there is no reasonable probability that defendant would not have entered a plea and would have insisted on going to trial. See Nunez-Valdez, supra, 200 N.J. at 138-39 (describing prejudice from ineffective assistance of counsel in entering a plea). As Judge Scully noted, defendant was confronted with strong proof, and the offer of a favorable, non-custodial disposition. Judge Scully appropriately rejected defendant's conclusory claim that had defense counsel been more definitive and predicted with certainty that defendant would be deported, defendant would not have entered a plea. Defendant's failure to seek immigration counsel, as advised by the court and defense counsel, belies his purported concern regarding immigration consequences.
Lastly, although our Supreme Court has determined that Padilla does not apply retroactively to defendant's plea, we address Judge Scully's determination that defense counsel satisfied the Padilla standard of effective assistance of counsel. We do so mindful that the Third Circuit Court of Appeals has determined that Padilla is not a new rule and should be applied to pre-Padilla pleas. See United States v. Orocio, 645 F.3d 630, 641 (3d Cir. 2011).*fn2 Consequently, defendant may seek a writ of habeas corpus from federal district court. See Gaitan, supra, 209 N.J. at 383 (Albin and Long, JJ., dissenting) (noting that defendants may seek habeas corpus relief from federal district court if denied relief based on non-retroactivity of Padilla in state court).*fn3
We discern no error in Judge Scully's determination that defense counsel satisfied the standard of effective assistance set forth in Padilla, supra. Under Padilla, counsel was required to do more than inform his client that his charges "may carry a risk of adverse immigration consequences," which is sufficient "[w]hen the [immigration] law is not succinct and straightforward." Padilla, supra, ___ U.S. at ___, 130 S. Ct. at 1483, 176 L. Ed. 2d at 296. Defendant faced virtually certain deportation, having committed an aggravated felony. See Gaitan, supra, 209 N.J. at 358 (discussing that deportation is practically inevitable as a consequence of a conviction for an aggravated felony). Consequently, counsel was required to be unequivocal. "[W]hen the deportation consequence is truly clear, . . . the duty to give correct advice is equally clear." Padilla, supra, ___ U.S. at ___, 130 S. Ct. at 1483, 176 L. Ed. 2d at 296.
Although defense counsel did not explicitly state defendant faced inevitable or certain deportation, both he and Judge Scully left defendant with no reason to believe that he would face a consequence different from defense counsel's two former clients who were deported. The suggestion that defendant immediately seek immigration counsel was not made with the goal of exploring some slight possibility. It was offered with a sense of urgency, because of the conveyed certainty that, as the judge correctly cautioned, defendant's immigration status would "unquestionably" be affected.
Under the circumstances, defendant could not reasonably have concluded, based on counsel's and the court's statements, that deportation was a mere possibility. Rather, counsel - particularly with the court's supplemental warnings - effectively conveyed to his client that his plea would have a dire and certain impact on his immigration status, and deportation was predictable. In that respect, he satisfied the standard of effective assistance defined in Padilla.
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Baahubali director Rajamouli surprising details
It was known thing that Rajamouli was honoured with Padmasri.He even told that he doesn't deserve the honour,actually he might get honour earlier only but he only rejected.You can check below what rajamouli said.
"Last year the govt of AP wanted to recommend my name for PadmaSri. I requested them not to citing the same reasons. They insisted. But upon my repeated requests, they dropped my name. This year i was not consulted. I was wondering how this happened when i came to know that i was recommended by the Karnataka govt. I was born in Karnataka, studied in Andhra Pradesh, worked in Tamilnadu and settled in Telangana. Happy to be a son of all the states."
So it was a surprising thing that he was part of 4 states now and many few know these details.He even received Best director award in Telugu for Baahubali @IIFA Utsavam and also Baahubali received awards in [email protected] Utsavam.
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subset: commoncrawl


text:
Back on campus!
Of course, it's strictly for my job search but still...
Only she who attempts the absurd can achieve the impossible... and then some.
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Cow Farts Have 'Larger Greenhouse Gas Impact' Than Previously Thought; Methane Pushes Climate Change
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want to ask me something? go for it!
J. Scott Crothers
Founder, Truthtology, est. 1952
Prophet and Channel, God Almighty
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text:
This highly illustrated book, complete with comprehensive clinical references and annotated images, will serve as a leading text to educate head and neck surgeons, endocrinologists, and radiologists on the basics and nuances of thyroid and parathyroid ultrasound. It emphasizes the use of ultrasound as an office-based modality by clinicians and radiologists who actively care for this special set of patients. This text uniquely combines the collaboration between a clinician/surgeon and radiologist who share their extensive experience in head and neck ultrasound.
DETTAGLI PRODOTTO torna su
Titolo: Ultrasound of the Thyroid and Parathyroid Glands
Autori: Sofferman - Ahuja
Editore: Springer Verlag
Volume: Unico
Edizione: 2012
Lingua: Inglese
Finitura: Copertina rigida
Misure: 18x26 cm
Pagine: 310
Peso: 0.8 kg


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text:
Previous Challenge Entry (Level 2 – Intermediate)
Topic: Empty and Full (06/04/09)
TITLE: Position Available
By Pat Sipperly
The restaurant business seemed to fit Randy almost from childhood. But after his second restaurant failed followed closely by his marriage, he was beginning to wonder if things would ever really come together for him. The last word from his ex-wife was a postcard from Clarksdale, Idaho with the words �Congratulations, you're a father.� Randy wished he knew more, even prayed that one day the three of them would be together somehow. But then concluded from his current track record he might have more success parenting if he wasn't involved.
After several long years, Randy finally rebuilt himself from the ashes of bankruptcy. Today the thriving diner is the closest thing he has to a home. Every guest is a friend, every employee is family.
A half an hour before the open sign would glow to life, the bell on the front door jingled. Randy couldn't see who the early guest was but could hear someone talking with them. A moment later, Maggie brought in a young girl with an application in her hand.
�Got a live one for you Randy,� Maggie said.
Randy looked up to see a bright eyed, sixteen-year-old blond. �Oh! That's right! We were meeting this morning,� remembered Randy. He got up from his cluttered desk and shook hands with the potential employee. He looked on trying to remember her name. �It's....�
�It's Teresa,� she offered along with her application.
�Right again. Make yourself comfortable there,� Randy said smiling.
They both sat down and wandered through morning pleasantries. Teresa and her family had move to Langer recently. This was going to be her first �official� job, which really meant a job where the paycheck wouldn't come from a neighbor with small children.
As the casual interview progressed, Randy became more impressed with the young lady. Most teenage applicants seem to think piercings and tattoos compensate for a lack of ambition and personality. But Teresa was an energetic breath of fresh air. In some ways Randy didn't want to hire her. He wanted to see her protected from the world. But on the other hand, he wanted two or three just like her to make every customer feel the way he was feeling at the moment. This adorable dynamo would go a long way to filling the void Maggie would leave behind.
�I think I'd like to have my own restaurant some day,� Teresa shared. �But I really need to get a car first.�
Randy smiled at the thought of being young again. Youthful exuberance, dumb excitement and a much shorter list of regrets. �Maybe your dad will help you with a car,� he said wanting to just hand her the keys to anything she wanted.
For the first time during the entire interview Teresa looked down. �He's not my real dad. And I don't think he's going to be with us much longer. He and mom fight a lot.�
Randy felt an uncomfortable twinge of guilt. �I'm sorry. It's none of my business.� Then he quickly changed the subject, �But what is my business is to tell you that you've got the job.�
Teresa brightened immediately. �Really?� she asked excitedly.
�Can you start tomorrow morning eight o'clock sharp?�
�Yes! I'll be here.�
They rose together and shook hands. She thanked her new boss several times before turning to leave. With the familiar ring from the closing door she was gone.
The relieved restaurateur began scribbling Teresa's name on the schedule as Maggie poked her head around the corner. �She seemed real sweet. Does she get an apron?�
�Yes she does, Maggie Sue. The position is filled and she starts working with you tomorrow.�
�She looks familiar. Is she local?�
�Nope. Just moved here.�
�From where?�
Randy stopped. �I don't know.� He moved the schedule book over to see Teresa's application. Under previous addresses he read:
4710 N. Winkler
Clarksdale, Idaho.
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text:
Amaretto Margaritas
Total Time
Prep 10 mins
Cook 5 mins
From Cooking Light, May 2007
Ingredients Nutrition
- 3⁄4 cup sugar
- 3⁄4 cup water
- 1 1⁄2 cups fresh lime juice (about 9 limes)
- 1 cup tequila
- 3⁄4 cup orange juice
- 1⁄2 cup Amaretto
- 8 lime slices
- Combine sugar and water in a small saucepan; bring to a boil.
- Reduce heat; simmer 5 minutes or until sugar dissolves.
- Remove from heat; cool completely.
- Stir in lime juice.
- Combine sugar mixture, tequila, orange juice, and amaretto in a pitcher.
- Serve over ice.
- Garnish with lime slices.
Most Helpful
I cut this recipe down to make a couple drinks...it was a big hit...
FANTASTIC!!!! We loved this drink....I made it with key lime juice fresh from Key West!!! What a great drink! Thanks for posting!
Wonderful!! I tried an "Italian Margarita" at a bar last year, and thought of that when I spotted this recipe. I followed it exactly, and made a small pitcher that served four of us sizable drinks during our monthly Ladies Card Night. The fresh lime juice really is a Must in this recipe -- I wouldn't use bottled -- but they aren't too tart OR too sweet. Perfect for a hot day.


text:
Volunteer Fire Department
Tishabee Rd Boligee, Alabama 35443(205) 336-8575
Print | Save | Directions
AboutVolunteer Fire Department is located at the address Tishabee Rd in Boligee, Alabama 35443. They can be contacted via phone at (205) 336-8575 for pricing, hours and directions.
For maps and directions to Volunteer Fire Department view the map to the right. For reviews of Volunteer Fire Department see below.
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text:
Blueberry Zucchini Bread
Pat Duran
This is wonderful recipe my sister Kathy makes all the time- I snatched this recipe from her during my visit to Michigan in August 2012.. she got it from my cousin Mary... so you know this recipe has passed through a few hands- it is sooo moist and delicious!
Recipe makes 2 loaves - one for now and one for later- although I don't think there will be any left for the freezer!
Recipe makes 2 loaves - one for now and one for later- although I don't think there will be any left for the freezer!
Featured Pinch Tips Video
makes 2 loaves
15 Min
45 Min
- 3 c
- all purpose flour
- 1 tsp
- salt
- 1 tsp
- baking powder
- 1 tsp
- baking soda
- 2 tsp
- ground cinnamon,divided
- 1 tsp
- nutmeg
- 3 large
- eggs
- 1 c
- vegetable oil or coconut oil
- 3 tsp
- vanilla extract
- 2 c
- grated zucchini
- 2 1/4 c
- granulated sugar,divided
- 2 c
- blueberries, fresh or frozen
- 1 c
- chopped walnuts
Directions Step-By-Step
1Preheat oven to 350^. Spray 2 loaf pans 4x8-inches with non-stick cooking spray. Set aside.( Cut a piece of waxed paper on the bottom then spray pan)
2In a medium bowl sift together flour,salt, baking soda, baking powder, 2 teaspoons cinnamon, and nutmeg.Set aside.
In another bowl, beat the eggs, vanilla, oil and zucchini, and 2 cups sugar.
3Add the sifted ingredients alternately with the creamed mixture and beat well after each addition. Carefully fold in the blueberries( roll them in flour first so they don't sink to the bottom).
About this Recipe
Course/Dish: Fruit Desserts, Muffins, Sweet Breads
Main Ingredient: Fruit
Regional Style: American
Other Tags: Quick & Easy, For Kids, Healthy, Heirloom


text: Living through moments where I was sure I would end up dead, I had a hard time figuring out why am I still here? It was when people said to me, "If you are so suicidal and want to die so much, why after so long are you still here?" My answer to that came from my subconscience, and it was "If I wasn't here, who else would be willing to take a stance against suicide & the stigma it carries?" Speaking up will be what helps save lives. So when you sit there wondering why you haven't pulled the plug already, wait for the next person to ask you and feel for the answer. If you just let the words flow you'll understand why you are still here.


text:
Brisbane, Nov 17: Prime Minister Narendra Modi today said India has made its policies transparent and predictable and clearly defined the procedures for businesses.
"We have made our policies transparent and predictable. We have made our procedures clearly defined and smooth," Modi said during a breakfast meeting with Australian business leaders this morning before leaving for Sydney. Modi said that his government is focused on eliminating unnecessary laws and regulations, making processes easier and shorter, ensuring that othe government is more transparent. He also said good governance is the starting point of change and it is important to business as it is to ordinary citizens. You will begin to find a difference in India, he added.
"You will not only be able to convert opportunities into partnerships, you will do it in an environment that is welcoming and easy to do business in," he said. Modi also said that his government has launched 'Make in India' as a new mission to promote manufacturing in India. He also told them about his plans to build 100 Smart cities, 50 metro projects and about the modern waste management system for another 500 cities in India.
He mentioned about the projects like The affordable healthcare within everyone's reach, sanitation for all by 2019, a roof over every head by 2022 and electricity in every household. Modi also praised Queensland for sending a number of trade missions to India. "Just this September, there was a Queensland-Gujarat Energy Roundtable in Gandhinagar, the capital of Gujarat.
And, I am naturally pleased that Queensland will be participating in Vibrant Gujarat in January 2015 to showcase your infrastructure capabilities", he said. "I know that you are not partial to Gujarat, but you are sending delegations to Kolkata, Delhi and elsewhere," he said. "Clean Energy with special focus on solar energy for energy efficiency, he added. He also lauded the Australian province for allowing a 16 billion dollar investment in coal mining in the state.


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HARTFORD - State lawmakers are proposing a bill that would let car insurance companies know which drivers have been caught using their cellphones while driving.
The move could lead to higher insurance premiums for people ticketed for talking or texting behind the wheel. Lawmakers say the bill would also increase distracted driving fines.
Dawn Jeffery, an advocate for the legislation, says the bill might encourage drivers to put down their phones while driving. Her boyfriend, Ken Dorsey, was killed by a driver who was accessing her school's webpage while behind the wheel.
"We need to educate on distracted driving, but you have to have the laws in place," said Jeffery.
State Sen. Toni Boucher says she expects the bill to be brought up for a vote before the end of this legislative session.


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Indoor plants have gotten a bad rap and are often associated with dusty and dowdy African violets, languishing philodendrons, and bloom-free orchids. No longer! It's time for plant lovers to dust off their houseplants, update their image, and discover just how exciting, trendy, and crucial plants can be in the home.
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January 26, 2009
STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,v.NESTOR A. TREMINO, A/K/A ANTHONY MOLINA, DEFENDANT-APPELLANT.STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT,v.JOSEPH IRIZARRY, DEFENDANT-APPELLANT.
On appeal from the Superior Court of New Jersey, Law Division, Union County, Indictment No. 05-09-00988.
Submitted November 18, 2008
Before Judges Winkelstein and Chambers.
In these two back-to-back cases, defendants appeal from the orders of November 8, 2006, denying their motions to suppress. After the denial of their motions, defendant Joseph Irizarry, the driver of the automobile, pled guilty to possession of heroin with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(3), and received a sentence of fifteen years imprisonment, including a five year period of parole ineligibility; defendant Nestor A. Tremino, the passenger in the vehicle, pled guilty to the same offense, and also received a sentence of fifteen years imprisonment, but with a seven year period of parole ineligibility. We affirm.
The events that led to the seizure of 2.4 kilos of heroin from defendants' vehicle began with a wiretap investigation by the Union County Prosecutor's Office. In the course of intercepting calls between the United States and Colombia on February 17 and 19, 2005, investigators learned that individuals from Camden would be picking up controlled dangerous substances (CDS) on the evening of February 19, 2005. The detectives concluded that the transaction would occur at either 1009 Jackson Avenue in Elizabeth or 1816 Manor Drive in Union.
One of the detectives who participated in the surveillance testified at the suppression hearing that a vehicle left the Manor Drive address and arrived at the Jackson Avenue address at approximately 12:25 p.m. The detective observed one of the targets of the investigation, Wilson Valdez, also known as "Tabby," exiting the vehicle carrying a bag and entering the building at the Jackson Avenue address. About five minutes later, a Nissan arrived at the Jackson Avenue address, and two men left that vehicle and entered the building. After another five minutes, the two men returned to the Nissan, carrying a shopping bag that they placed in the trunk of the vehicle. Through a motor vehicle check, the detective learned that the Nissan was registered to a person with a Camden address.
In order to maintain the integrity of the wiretap investigation, the law enforcement personnel did not stop the Nissan at that point, but using a number of unmarked cars, maintained mobile surveillance of it as it headed down the New Jersey Turnpike toward Camden. The Camden Police Department was alerted to the situation, and at about 2 a.m. on February 20, 2005, two Camden police officers in a patrol car picked up the mobile surveillance of the Nissan on Route 30, as it headed toward Camden. After observing the Nissan traveling recklessly at a high rate of speed, almost colliding with two other vehicles, the officers stopped the vehicle, and it pulled into an empty parking lot.
The officers exited their vehicle and were approaching the Nissan, when the trunk of the Nissan unexpectedly popped halfway open. Louis Sanchez, one of the Camden police officers, testified that, based on his experience in narcotics investigations, he recognized a package sticking out of a shopping bag in the trunk as one possibly containing a large quantity of CDS. Sanchez stated that when he told Irizarry that the trunk was open, Irizarry became nervous and exchanged glances with his passenger. According to Sanchez, Irizarry verbally consented to a search of the vehicle. Without a warrant, the officers then searched the vehicle, finding 2.4 kilos of heroin in the package in the trunk. In addition, they confiscated four cell phones from the front seats of the car. No weapons were found.
Defendants were each indicted for racketeering conspiracy, N.J.S.A. 2C:5-2 and N.J.S.A. 2C:41-2(d); possession of heroin, N.J.S.A. 2C:35-10(a)(1); and possession of heroin with intent to distribute, N.J.S.A. 2C:35-5(a)(1) and N.J.S.A. 2C:35-5(b)(1).
In addition, Irizarry was issued summonses for reckless driving and wearing no seat belt.
After holding a hearing on defendants' motions to suppress, the trial judge issued a written Statement of Reasons on November 9, 2006, denying the applications. He specifically found the State's witnesses to be credible. He rejected the State's argument that the search was consensual, holding that the evidence did not establish a knowing and voluntary consent; that decision has not been appealed. The trial judge did, however, uphold the search, finding that it fell within two exceptions to the warrant requirement, namely, the automobile exception and the plain view exception.
On appeal, defendants raise the following issues:
EVEN IF EXIGENT CIRCUMSTANCES EXIST, THEY WERE CREATED BY LAW ENFORCEMENT, AND AS SUCH DO NOT FALL WITHIN THE AUTOMOBILE EXCEPTIN [sic], THUS A WARRANTLESS SEARCH WAS NOT JUSTIFIED AND THE EVIDENCE OBTAINED BY SUCH ILLEGAL SEARCH SHALL BE SUPPRESSED.
In reviewing a motion to suppress, we must uphold the factual findings of the trial judge provided they are supported by sufficient credible evidence. State v. Elders, 192 N.J. 224, 243 (2007). However, "[w]hether the facts found by the trial court are sufficient to satisfy the applicable legal standard is a question of law subject to plenary review on appeal." State v. Cleveland, 371 N.J. Super. 286, 295 (App. Div.), certif. denied, 182 N.J. 148 (2004).
The United States and New Jersey Constitutions require as a general rule that a warrant be issued before the police may search and seize evidence. U.S. Const. amend. IV; N.J. Const. art. I, ¶ 7. A warrantless search is presumptively invalid unless it "falls within one of the few well-delineated exceptions to the warrant requirement." State v. Pineiro, 181 N.J. 13, 19 (2004) (quoting State v. Maryland, 167 N.J. 471, 482 (2001)). The burden is on the State to show that the search falls within one of the recognized exceptions to the warrant requirement. Ibid. Where the warrantless search fails to fall within one of these exceptions, the evidence seized must be suppressed. See State v. Lee, 190 N.J. 270, 277-78 (2007) (stating that "[p]ursuant to the exclusionary rule, the State may not introduce evidence obtained from an unlawful search or seizure by the police"). Here the State maintains that the search of the Nissan falls within two exceptions to the warrant requirement: the automobile exception and the plain view exception. We will address each separately.
Under the automobile exception to the warrant requirement, the police may stop and search a vehicle on the highway when both probable cause and exigent circumstances are present. State v. Dunlap, 185 N.J. 543, 551 (2006). The probable cause and exigent circumstances must make "it impracticable for the police to obtain a warrant." State v. Cooke, 163 N.J. 657, 671 (2000). Probable cause is "a well-grounded suspicion that a crime has been or is being committed." Ibid. Exigent circumstances has been explained in the following way:
Exigent circumstances have been described as "unforeseeability and spontaneity of the circumstances giving rise to probable cause, and the inherent mobility of the automobile...." Exigent circumstances may exist if the unanticipated circumstances that give rise to probable cause occur swiftly. In addition, exigent circumstances may arise where "[a]ny element of surprise had been lost; the vehicle contained the 'contraband' drugs; there were 'confederates waiting to move the evidence'; the police would need 'a special police detail to guard the immobilized automobile.'" [Id. at 672 (citations omitted) (alterations in original).]
Here, based on the interceptions of the telephone conversations coupled with the observations of the detectives in Elizabeth and Union, the Camden police officers had probable cause to believe that the Nissan contained CDS. Further, they had probable cause to stop the Nissan due to the motor vehicle violations they observed. Thus, the probable cause requirement has been met.
Defendants argue that exigent circumstances were not present because the law enforcement officials had three hours from the time they intercepted the telephone calls until the stop to obtain a search warrant. We disagree. This is not a lengthy time period. Until the officers saw the bag being placed into the Nissan, they had no probable cause to seek a search warrant. Only ninety minutes or so elapsed from the time they observed the bag being placed into the Nissan and the stop in Camden. During that short time period, the law enforcement officials were conducting a mobile surveillance of the Nissan as it raced down the New Jersey Turnpike in the middle of the night. That mobile surveillance involved a number of unmarked law enforcement vehicles that had to be coordinated, and the officers also had to coordinate their efforts with the Camden Police Department. These were certainly exigent circumstances.
Once the vehicle was stopped, exigent circumstances remained present. This was a dangerous stop in the middle of the night in a deserted area involving a large quantity of CDS and defendants who were thought to be part of an international drug conspiracy. The cell phones found in the vehicle could have been used to signal for help once the police had sounded their sirens to begin the stop. Armed confederates may have been nearby or on the way. Only two officers were at the scene. Due to the mobility of the car and CDS, the vehicle certainly could not be left unattended. These exigent circumstances warranted the search and seizure of the CDS.
Defendants also argue that this was a police created exigency, arguing that the police knew for hours that they would eventually have to conduct a search and waited to do so without obtaining a warrant. However, exigent circumstances created by "reasonable investigative law enforcement behavior" may necessitate a warrantless search. State v. Stanton, 265 N.J. Super. 383, 388 (App. Div. 1993) (concerning warrantless search of a motel room); see also State v. Laboo, 396 N.J. Super. 97, 106-08 (App. Div. 2007) (finding exigent circumstances when police tracked a cell phone to an apartment). Here the interest in protecting the security of the wiretap investigation was a legitimate law enforcement consideration that precluded the immediate seizure of the vehicle.
Thus, the search falls within the automobile exception to the warrant requirement.
In addition, we concur with the trial judge's finding that the search falls also within the plain view exception. Under the plain view exception, a law enforcement officer may seize evidence that is in plain view provided he is lawfully in the viewing area and he has "probable cause to associate the property with criminal activity." State v. Johnson, 171 N.J. 192, 206-07 (2002) (quoting State v. Bruzzese, 94 N.J. 210, 236-38 (1983), cert. denied, 465 U.S. 1030, 104 S.Ct. 1295, 79 L.Ed. 2d 695 (1984)). Here, the Camden police officer was lawfully in the viewing area, and he had probable cause to believe that the package in the trunk contained CDS.
However, the law has long imposed the additional requirement of inadvertency, namely, that the officer "did not know in advance where evidence was located nor intend beforehand to seize it." Id. at 206 (quoting State v. Bruzzese, supra, 94 N.J. at 236). This inadvertency requirement has now been eliminated from federal constitutional law. Horton v. California, 496 U.S. 128, 130, 110 S.Ct. 2301, 2304, 110 L.Ed. 2d 112, 118-19 (1990). The law is unclear whether the inadvertency requirement still applies under New Jersey constitutional law. State v. Padilla, 321 N.J. Super. 96, 109 n.7 (App. Div. 1999), aff'd, 163 N.J. 3 (2000). However, we need not resolve this question, since the requirement of inadvertency, if viable, has been met under the facts of this case.
Although Sanchez learned in advance of the stop that the trunk likely contained CDS, it was solely through inadvertence that he saw the CDS. As the trial court stated: "[t]he defendant's inadvertent hitting of the trunk release makes the officer's observation inadvertent and based upon his prior experience it was immediately apparent to him that the package contained CDS." In this respect, the facts are similar to those in State v. Padilla, supra, 321 N.J. Super. at 102-03, where the police had received an anonymous call that three people in a particular hotel room had a gun. The police went to the room, were admitted entrance, and observed a gun and CDS which they seized. Id. at 103-04. Despite the fact that the police had reason to believe a gun was in the room, the search and seizure of the gun was deemed "inadvertent." Id. at 109-10. In so holding, we explained:
While the police had a reason to investigate the report that someone in the room had a gun, they did not know its precise location let alone that it would be in plain view. The purpose of the inadvertence requirement is to prevent the police from engaging in planned warrantless searches where they know in advance the location of certain evidence and intend to seize it, relying on the "plain view" exception as a pretext. Here, the officers were not aware of the specific location of the gun and clearly did not enter the premises in order to rely on the plain view exception as a pretext. Their purpose in entering the room was to perform their duty and investigate the tip. [Id. at 109 (citation omitted).]
Here, Officer Sanchez was legitimately in a place he needed to be in order to carry out his law enforcement responsibilities when he saw the trunk unexpectedly open, and he observed the package he suspected contained CDS. He was not present as a pretext in order to seize evidence in plain view.
For all of these reasons, we find that the search and seizure of the evidence found in the vehicle was justified under both the plain view and automobile exceptions to the warrant requirement. The denial of the motions to suppress is affirmed.
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This is Bridgette. She is around a year old. Bridgette is a female lab mix
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text: McCrory lays his bet on fancy horses to save his campaign But he might be gambling with taxpayer dollars and not his own: "This is bigger, with all due respect, than the All-Star Game, a football game, a basketball game — combined, times two. This economic impact is huge," McCrory said of the 13-day equestrian competition during a news conference at the Charlotte Chamber. Mark Bellissimo, CEO of the equestrian center, said the project requires only a small amount of public financing, including marketing and security. He anticipates his group's budget will be between $50-$60 million. Of course, he doesn't say how much of that $50-$60 million will be sucked out of public coffers, but we need that info desperately. Because the 2018 Games were originally contracted to be held in Canada, but they couldn't afford to do it: Read more about McCrory lays his bet on fancy horses to save his campaignscharrison's blog5 commentsLog in or register to post comments


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the current issue of
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Answering the Call
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text:
Total Time
Prep 5 mins
Cook 5 mins
This sauce goes well on the Pina Colada French Toast recipe in my collection. But it has so many other uses. Try it warm, over ice milk, pancakes, angel food cake, cooked rice, or sliced bananas! Recipe from Lean and Luscious and Meatless.
Ingredients Nutrition
- 2⁄3 cup pineapple juice
- 2 teaspoons cornstarch
- 2 teaspoons sugar
- 1⁄8 teaspoon coconut extract
- In a small saucepan, combine pineapple juice, cornstarch and sugar, mixing well to dissolve cornstarch.
- Cook over medium heat, stirring constantly, until mixture comes to a boil.
- Boil 1 minute, stirring.
- Remove from heat and stir in coconut extract.
- Serve warm.
Most Helpful
really love this one. bette


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George Obst is on LMTmag!
The online social blog and network from LMT Communications dedicated exclusively for members of the Dental Laboratory industry. Join free to connect with George.
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The online social blog and network from LMT Communications dedicated exclusively for members of the Dental Laboratory industry. Join free to connect with George.
George Obst is a founding partner and retired Chairman/CEO of Dental Services Group, a consortium of 25 laboratories located throughout the United States, Canada and Mexico. A certified SCORE mentor in the Phoenix area, he now volunteers his time mentoring small businesses in a variety of industries.
If you are supervising employees or contemplating adding employees to your staff, your success will be measured by how your employees feel about you. Studies show that having a good boss is more important than other work factors, including income earned. Almost half of those who report their bosses are...
George Obst highlights ways to turn your lab into a customer-driven organization and increase sales and profits.
SCORE mentor George Obst discusses seven keys to cultivating employee commitment.
SCORE Mentor George Obst talks about setting and achieving the right set of goals for your laboratory to succeed.
Recently, I was talking to industry veteran George Obst about my startup years and our conversation got me thinking about how the priorities of a small business owner shift as the business matures. In the beginning, it was all about having enough customers to pay the bills while at the same time making...
The top 3 hot button issues for respondents to LMT's 2015 All About You survey are outsourcing, regulation and price cutting.
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- Worldwide Rank #124,829,545
- Follower/Following Ratio 0.08
- Daily New Followers 0
けんちゃん Twitter Stats
@0101028 - Tracking けんちゃん Twitter profile since July 21, 2014
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Tag: developer
Beating the Credit Crunch - The Coffee Developerwritten by mattcharnock on 2008-12-25 #gear #tutorials
With today's economic crisis we need to find new ways to beat the credit crunch and, by Jove, Hanspan and I have it! Why spend tons of cash getting your films developed when you can do it really cheaply with ingredients from your own Kitchen?18 15 Share Tweet
Photobooth Impulses: Sometimes You Just Need a Good Fix(er)written by dirklancer on 2011-08-26
I usually get my fix in the traditional analogue way. I snap pictures, drive to the lab, wait, drive back to the lab, scan, and enjoy. You may have heard of 35mm referred to as a "gateway drug;" of this, I am living proof. Sometimes, late at night, I find I just can't wait. That's when I turn to something a little more hardcore: old school photobooths.10 23 Share Tweet
Happy Birthday Rodinalwritten by eyecon on 2011-02-08 #news
Not only the car is celebrating a big birthday these days,. No, an even bigger invention of human mankind, the terrific Black and White developer "Rodinal" from Agfa turns 120 years old.3 10 Share Tweet
Keep Your Chemicals Freshwritten by ilkadj on 2012-10-02 #gear #tutorials
The initial start when you want to process your own film at home might be a bit expensive, but it's cheaper in the long run. You are able to reuse some of the chemicals that you bought, as long as you maintain its freshness. Check out the article to find out how!7 Share Tweet
Agitating Your Developer Correctly in the Canisterwritten by ilkadj on 2012-10-02 #gear #tutorials
Many of you have read the phrase, "...inverting and righting the tank with a twisting motion of your wrist. Turn the tank completely upside down, then reverse the process..." But did you know exactly what to do after your first read? You''d probably read it again, right? Well here's a short description of how you would actually agitate your developer in a canister.3 Share Tweet


text:
My Favorite Meatloaf
Total Time
Prep 10 mins
Cook 1 hr
I got this recipe so many years ago i don't remember where it was from and is my very favorite one and i also use this recipe for my meat balls, so flavorful.
Ingredients Nutrition
- 1 1⁄2 lbs ground chuck
- 1⁄2 cup of diced green pepper
- 1 (10 3/4 ounce) canof undiluted celery soup
- 1 (2 ounce) package dry onion soup mix
- 2 eggs, lightly beaten
- saltine crackers, crushed and added until it holds shape
- Mix all of these except half of the can of undiluted celery soup.
- when shaped, add the rest of the celery soup on top of the meat loaf.
- bake at 350 for one hour then check the middle for doneness.
Most Helpful
I can vouch for how delicious and simple this is,as I have made it many times.(I am Chef Golden Wings sister}. I make it somewhat different,using oatmeal on occasion instead of crackers. I also use most of the celery soup,diluted some,and poured over the outside of the meat loaf.You could use 2 cans of soup,even another flavor, to make more gravy.To bake ,I put it in a long baking dish,add green beans,carrots,short celery stalks,plus potatoes cut in half to make it a complete meal.You can use fresh or canned vegetables and vary them according to your personal preference.Do try this..You won't be sorry and neither will your family! Gloria


text:
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HILLSVILLE — Carroll County is one of many localities forced to move forward with incomplete spending plans this year because of legislators' indecisiveness over the state budget.
However, county officials say they are pleased to have reached a budget agreement that will not include a tax increase for residents this year.
The fiscal year 2015 operating budget totals $80.4 million.
Budget approvals were short and sweet this month, spanning over two separate meetings on May 5 and May 12.
At the May 5 meeting, the Carroll Board of Supervisors discussed the county's budget, and then made a quick vote of approval for the school budget.
Chairman David Hutchins began the discussion that evening by talking about the General Assembly's budget impasse. The House of Delegates and Senate can't agree on a spending plan for Virginia, which means localities like Carroll don't know how much funding from the state they have to work with in their budgets.
Hutchins said the Virginia Association of Counties (VACo) held a lengthy discussion on the situation at its spring meeting and it encouraged "all counties to send letters to their legislature, asking them to develop a budget and pass a budget."
Counties are forced to move as far in their own budget plans as possible, with only a best guess of state funding.
The board held a brief public hearing May 5 on the county's fiscal year 2015 budget. "This has been reviewed and looked at by a lot of different folks, and we are having a public hearing in compliance to be sure we are transparent and open, and the public knows how our budget is coming," said Hutchins.
The public hearing was opened at 6:39 p.m., and closed at 6:41 p.m. when no one came forward to speak.
The board elected to wait on their vote.
Monday, the board revisited the county budget.
"This wasn't a fun year, but thanks to Nikki [Shank, Carroll's assistant administrator] and our staff, we did get a budget," said Tom Littrell, Pipers Gap District supervisor.
"This has been a tough year, and we so desperately didn't want to give cities a tax increase this year… so we made the adjustments that we thought were necessary," said Phil McCraw, Fancy Gap supervisor.
Hutchins explained that there were a significant number of counties in the Commonwealth that were forced to include a tax increase — some of them very significant. "The truth of the matter is that even though we are [voting on] the budget today, we really don't know what the state is going to do with their portion at this time."
Unanimously, the board approved the budget draft as it stood from the public hearing.
School Budget
At the May 5 meeting, the supervisors also were asked to consider the fiscal year 2015 budget for Carroll County Public Schools.
According to the budget draft, the total school operating expenditure is $40.9 million.
Of this total, $28.7 million was earmarked for instruction; $1.7 million for administration, attendance and health; $3.1 million for pupil transportation services; $4.1 million for operation and maintenance services; $1.6 million for school food services and other non-instructional operations; and $1.7 million for technology funding.
In addition, the food services budget in the amount of $2.7 million and the school textbook fund in the amount of $375,500 was offered for approval.
"Will there be any carryover funds?" asked Supervisor-At-Large Sam Dixon.
"There might be some funds put towards a bus," answered Finance Manager and School Board Clerk Tammy Quesenberry. "We are looking at one that is a 71 passenger bus… we want it bigger so that we can reduce some of the routes."
Despite his position as a bus driver for the school system, Dixon declared during the vote that the budget does not affect him and that he was able to vote on them without a conflict of interest.
Unanimously, the board approved the draft budget as presented.
In other action May 12, the board:
• discussed and approved the Carroll County Gas Utility Fund totaling $398,915.
• discussed and approved a six-year road plan for the county.
• heard from the commissioner of revenue, who spoke concerning the extra workload with the upcoming elimination of the assessor's office. A motion was made to take her requests under advisement, and the motion was passed.
• heard from a citizen concerning the conditions of a road near his residence. The board assured that the condition of the road had been noted, and put on a list for improvements.
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A Good Deal: No Evil 022
Round up4.33 / 5.00 1,326 Views
Park Bench
A short film about a park bench4.08 / 5.00 961 Views
frog thing
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