08-25-09 STATE OF NEW JERSEY V. LOUIS E. VENEY, JR.
A-2852-06T4
The question presented on direct appeal is whether a
defendant was denied effective assistance of counsel because his
attorney failed to seek dismissal of the charge of third-degree
unlawful possession of a weapon, N.J.S.A. 2C:39-5b, the State
having previously tried defendant to conclusion on another
charge, arising from the same core set of facts giving rise to
the charge of unlawful possession of a weapon. We concluded
that the State was barred from prosecuting the charge of
unlawful possession of a weapon pursuant to the mandatory
joinder rule, N.J.S.A. 2C:1-8b and Rule 3:15-1(b). In the
opinion we discussed the various rules of procedure and
principles of law governing not only mandatory joinder, but also
double jeopardy, severance and dismissals.
We also concluded that defendant was denied the effective
assistance of counsel; and reversed the conviction and dismissed
the indictment.
Chase Smith assistant editor
