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eBook details

• Title: State v. Williamson
• Author : Appellate Division New Jersey Superior Court
• Release Date : January 06, 2000
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION Submitted: October 24, 2000 In this appeal, we consider whether a defendant may raise a claim of selective enforcement based on racial profiling after his conviction and sentence, while his direct appeal is pending. We conclude that a defendant who has raised issues during a pretrial motion to suppress sufficient to establish a colorable basis for a claim of selective enforcement, when considered in the light of the April 1999 Interim Report of the State Police Review Team Regarding Racial Profiling Allegations (hereinafter ""Interim Report""), and then been convicted and sentenced, may assert a claim of selective enforcement in violation of the Federal or State Constitutions while his direct appeal is pending. 1 See United States v. Armstrong, 517 U.S. 456, 465, 116 S. Ct. 1480, 1487, 134 L. Ed. 2d 687, 699 (1996); State v. Moore, 164 N.J. 557 (2000); State v. Ballard, 331 N.J. Super. 529, 539-43 (App. Div. 2000); State v. Smith, 306 N.J. Super. 370, 376-78 (App. Div. 1997); State v. Kennedy, 247 N.J. Super. 21, 25 (App. Div. 1991). We also rule that since this case was still subject to direct appeal at the time defendant raised his claim of selective enforcement, the claimed infringements on his constitutional rights, if proven, were clearly capable of producing an unjust result and may be asserted as constituting the equivalent of ""plain error."" See R. 2:10-2.

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