Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817
(732) 572-0500 www.njlaws.com
Kenneth Vercammen was included in the “Super Lawyers” list published by Thomson Reuters

Friday, August 10, 2018

STATE OF NEW JERSEY VS. JEROME SHAW, JR. (13-04-0591, BERGEN COUNTY AND STATEWIDE) (A-2058-15T3)

The principal issue in this appeal from a conviction for conspiracy to commit burglary after a guilty plea pertains to the limits placed on a prosecutor to resubmit a case to a grand jury after a previous grand jury panel refused to indict. The court concludes that the prosecutor's power to resubmit is broad but not boundless. It is subject to review in light of the grand jury's role to protect the innocent from unfounded prosecution; and the court's power to review prosecutorial discretion for abuse, and to assure fundamental fairness. However, under the circumstances of this case, the court rejects defendant's challenge to the resubmission, and affirms the trial court's denial of the motion to dismiss the indictment.