5 Ineffective defense rejected on direct Appeal State v Sells The defendant Cody J. Sells appealed his conviction for driving while intoxicated. He argued that law enforcement made procedural missteps during the arrest and that the municipal court improperly compelled trial while defense counsel had COVID-19, and exceeded its authority in sentencing. Appellate Division disagreed and affirmed the lower court. [Municipal court judge rejected defense claim he had Covid after defense counsel asked for adjournment for expert. Unreported Source Daily Briefing 2/13/26 Full opinion at Criminal Law- Recent Cases Vercammen Law https://njcriminallaw.blogspot.com/2026/04/ineffective-defense-rejected-on-direct.html State of New Jersey vs. Cody J. Sells (Mercer County and Statewide)
6 Sup mt reversed where circumstances giving rise to probable cause to search the Nissan were both unforeseeable and spontaneous. State v Marrucca The state leave appealed the Law Division order suppressing evidence seized during a warrantless stop of a white Nissan car occupied by the defendants Nicholas S. Marrucca and Liam S. Clark. The state argued the motion court misapplied the Supreme Court's holding in State v. Smart, 253 N.J. 156 (2023), and erroneously found the circumstances giving rise to probable cause to search the car were "foreseeable," thereby "effectively eliminating" New Jersey’s automobile exception to the warrant requirement. The Appellate Division reversed the trial court and remanded for further proceedings. Unreported Source Daily Briefing - 3/9/26 Full opinion at Criminal Law- Recent Cases Vercammen Law https://njcriminallaw.blogspot.com/2026/04/sup-mt-reversed-where-circumstances.html State of New Jersey vs. Nicholas S. Marrucca and Liam S. Clark (Ocean County and Statewide)
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