STATE OF NEW JERSEY v. JOHN GREEN A-6199-08T4

STATE OF NEW JERSEY v. JOHN GREEN

A-6199-08T4 11-09-10

In this case, we decide that a motorist who has been

charged with speeding is entitled to discovery respecting (1)

the speed-measuring device's make, model, and description; (2)

the history of the officer's training on that speed-measuring

device, where he was trained, and who trained him; (3) the

training manuals for the speed-measuring device and its

operating manuals; (4) the State's training manuals and

operating manuals for the speed-measuring device; (5) the

officer's log book of tickets written on the day of defendant's

alleged violation; (6) the repair history of the speed-measuring

device used to determine defendant's speed for the past twelve

months; and (7) any engineering and speed studies used to set

the speed limit at the section of highway where defendant's

speed was measured. We also found that the Stalker Lidar speedmeasuring

device had not been proven to be scientifically

reliable and, as such, the results of its operation should not

have been admitted during the municipal court proceedings or

considered by the Law Division. We remanded the matter to the

Law Division for a plenary hearing on the scientific reliability

of the Stalker Lidar. If it is determined to be reliable, then

the matter is remanded to the municipal court for trial after

the State has provided all of the discovery required by this

opinion.

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Wilentz Goldman & Spitzer, PA (Woodbridge)

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Chief Prosecutor (Elizabeth) Assistant Prosecutor (Woodbridge) Murgado & Carroll, Esq. (Elizabeth)

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KENNETH VERCAMMEN & ASSOCIATES, PC

ATTORNEY AT LAW

2053 Woodbridge Ave.

Edison, NJ 08817

(Phone) 732-572-0500

(Fax) 732-572-0030

website: www.njlaws.com

STATE OF NEW JERSEY V. HENRY LEE CONWAY A-2771-07T4

STATE OF NEW JERSEY V. HENRY LEE CONWAY A-2771-07T4 10-14-10

We held it was error for the trial court to permit the State to withdraw from a plea bargain, over defendant's objection, where the State had not specifically conditioned its acceptance of defendant's plea agreement on the co-defendants also accepting a plea bargain.