State v. Hughes
State v. Hughes
Opinion of the Court
The opinion of the court was delivered by
Tried to a jury, defendant Joseph Hughes was convicted of armed robbery in violation of the provisions of N.J.S.A. 2A:141-1 and N.J.S.A. 2A:151-5 (Second Count), assault with intent to commit robbery while armed in violation of the provisions of N.J.S.A. 2A:90-2 and N.J.S.A. 2A:151-5 (Third Count), five counts of assault with an offensive weapon in violation of the provisions of N.J.S.A. 2A:90-3 (Sixth, Seventh, Eighth, Ninth and Tenth Counts), five counts of assault with intent to kill while armed in violation of the provisions of N.J.S.A. 2A:90-2 and N.J.S.A. 2A:151-5 (Sixteenth, Seventeenth, Eighteenth, Nineteenth and Twentieth Counts), false imprisonment in violation of the provisions of N.J.S.A. 2A:85-1 (Twenty-First Count), unlawful possession of a shotgun without having first
Defendant seeks a reversal of his convictions on the following grounds set forth in his brief:
POINT 1 DEPENDANT’S CONVICTION MUST BE REVERSED AS A PAIR TRIAL WAS DENIED IN THE ESTABLISHMENT OP A JURY PANEL.
POINT 2 THE COURT COMMITTED PLAIN ERROR IN ITS CHARGE TO THIS JURY OF SUCH A NATURE THAT IT PREJUDICIALLY AFFECTED APPELLANT’S SUBSTANTIAL RIGHTS TO A FAIR TRIAL.
POINT 3 DEFENDANT’S CONVICTION MUST BE REVERSED AS MISTRIAL REQUEST WAS IMPROPERLY DENIED.
POINT 4 THE STATE FAILED TO LAY A PROPER FOUNDATION FOR INTRODUCTION OF PREJUDICIAL EVIDENCE AND THE COURT ERRED IN ALLOWING INTO EVIDENCE SAID PREJUDICIAL ITEM.
POINT 5 DEFENDANT’S CONVICTION ON COUNT TWENTY-FOUR OF THE INDICTMENT i.e., FAILURE TO OBTAIN A PERMIT AND POSSESSION OF A FIREARM SHOULD HAVE BEEN SET ASIDE BY THE TRIAL COURT.
POINT 6 APPELLANT’S CONVICTION ON COUNT TWENTY-FOUR OF THE INDICTMENT SHOULD HAVE BEEN MERGED.
POINT 7 DEFENDANT’S CONVICTIONS AND SENTENCING FOR ASSAULT WITH INTENT TO KILL AND ARMED ROBBERY MUST BE REVERSED AS THE STATE FAILED TO PROVE THE ELEMENTS OF SAID CRIMES BEYOND A REASONABLE DOUBT.
We have carefully considered these contentions and all of the arguments advanced by defendant in support of them and find that they are clearly without merit. R. 2:ll-3(e)(2).
N.J.S.A. 2A:70-1, which deals with jury lists provides, that:
The jury commissioners of each county shall, at least 40 days prior to the commencement of each stated session of the Superior Court in their county, make two lists, alphabetically arranged and consecutively numbered, of persons liable to jury duty, having regard to the just distribution of jury service among those persons qualified therefor in the various wards and municipalities of such county. The lists shall state their occupation and places of abode, showing their respective municipalities and wards, if any, in municipalities, and shall be designated respectively the “grand jury list” and the “petit jury list.” The number of persons named on the grand jury list shall at no time be less than 125 nor more than 500, to be determined by the assignment judge of the Superior Court for the county. The number of persons named on the petit jury list shall at no time be less than 250, the number to be determined by such assignment judge. A copy of each list shall be delivered forthwith to such assignment judge. The board of chosen freeholders of any county by resolution may provide for the purchase and use of the jury commissioners of the county electromechanical devices commonly designated automatic business machines with punch cards and card sorting machines.
Defendant’s trial occurred during the September 1980 session which began on September 8, 1980. Therefore, pursuant to N.J.S.A. 2A:70-1 the petit jury list had to be completed no later than July 30, 1980. This is 27 days after N.J.S.A. 2A:70-4 became effective.
N.J.S.A. 2A:70-4 [Amended by A. 1979, c. 271, § 1] provides:
*177 For the purpose of making up the jury lists, the jury commissioners shall have access to and may copy registry lists of the several municipalities and election districts of their county and lists, which shall be compiled by-the Division of Motor Vehicles, of the names and addresses of the holders of motor vehicle driver licenses who are residents of their county. The commissioners shall use these lists to compile a single list from which all jurors shall be selected.
The plain intent of the revision of N.J.S.A. 2A:70-4 is to ensure that the jury commissioners use the list of holders of motor vehicle driver licenses “[f]or the purpose of making up the jury lists.” The Legislature, which is assumed to be “thoroughly conversant with its own legislation____”, Brewer v. Porch, 53 N.J. 167, 174 (1969), chose an arbitrary date for the amendment to the statute to become effective, i.e., “6 months following enactment”, L.1979, c. 271, § 3, rather than specifying a particular court session (after approval) for which compliance would begin. It is therefore reasonable to assume that the Legislature understood and approved the fact that in some instances juries would be selected after July 3, 1980 from jury lists which were required to be compiled prior to July 3, 1980.
Jury selection is an ongoing process regulated by statute. The statutory scheme for jury selection ties the selection process to the commencement date of each stated session of the Superior Court. See N.J.S.A. 2A:70-1; see also N.J.S.A. 2A:70-2 and N.J.S.A. 2A:70-3. In this regard, Michael A. Casserly, the Director of Jury Management for Hudson County (Director) testified that this process takes anywhere from four to six months. The process for the September 1980 session began in May, 1980 with the sending of questionnaires to an unspecified number of people in Hudson County. The list of people to receive questionnaires came from the voter registration lists only because the list of holders of valid drivers’ licenses was not received until July 27 or 28,1980, which was at least 24 days after the amendment became effective. The Commissioners then compared the responses to each questionnaire against the statutory requirements for jury service and compiled a master prospective juror list. This prequalification list of approximately 8,000 names was then presented to the
Furthermore, necessity required that the Director begin making up the lists prior to July 3, 1980 if the “petit jury list” was to be compiled by July 30, 1980. The Director needed a list of 8,000 names with the respective addresses and occupations by the latter date. In order to meet this requirement the questionnaires had to be sent out as provided by N.J.S.A. 2A:70-5. The Director in devising a time-table to follow in “making up of the jury lists” had to allow enough time for the mailing of the questionnaires, their completion by the recipients, their return, the sorting of the thousands of returns and finally the actual drafting of the list in alphabetical order from which defendant’s jury was eventually chosen. Thus, the questionnaires by necessity were sent out in May, 1980.
The Director further testified that the drivers’ licenses list was not sent directly to Hudson County. Rather it went through the Administrative Office of the Courts which had arranged with the Division of Motor Vehicles to provide the required lists. In preparing the master prospective jury list for the September 1980 session without the use of the drivers’ licenses lists, the Director testified that he relied in part on a directive to all Assignment Judges from Robert D. Lipscher, Administrative Director of the Courts, dated May 13, 1980, which in pertinent part, read as follows:
This is to advise you of decisions affecting the implementation of revised N.J.S.A. 2A:70-4 regarding the mandated merger of the voters’ and drivers’ registration lists. Several issues have been considered.
The issue of the effective date has also been considered. We are taking the position that it would be an overwhelming job to implement the statute on the “short” effective date. The DMV has stated that it would be technically impossible to deliver the county lists prior to July 1. Indeed, the legislature is only requiring that the qualification process be in accordance with the statute after July 3, 1980. Therefore, some juries empanelled after July 3, 1980 will have to be selected under the old law.
Accordingly, defendant’s convictions and the sentences imposed thereon are affirmed.
N.J.S.A. 2A:70-1 was amended by L.1980, c. 7, § 1, effective March 7, 1980. The only changes consisted of the use of the word "two" rather than the numeral "2" and an increase in the maximum number of persons on the grand jury list from 300 to 500.
Reference
- Full Case Name
- STATE OF NEW JERSEY, PLAINTIFF-RESPONDENT v. JOSEPH HUGHES
- Cited By
- 3 cases
- Status
- Published