State v. Cahill

61 A.3d 1278, 213 N.J. 253, 2013 WL 1286125, 2013 N.J. LEXIS 214
CourtSupreme Court of New Jersey
DecidedApril 1, 2013
StatusPublished
Cited by53 cases

This text of 61 A.3d 1278 (State v. Cahill) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Cahill, 61 A.3d 1278, 213 N.J. 253, 2013 WL 1286125, 2013 N.J. LEXIS 214 (N.J. 2013).

Opinion

Judge CUFF

(temporarily assigned) delivered the opinion of the Court.

Michael Cahill was involved in an automobile accident after a night of drinking. Following his arrest for driving while intoxicated, and after administration of an Alcotest, Cahill was charged with various motor vehicle offenses, including driving while intoxicated, reckless driving, consumption of alcohol in a vehicle, and possession of an open container. He was also charged with aggravated assault. A few months later, a grand jury returned an indictment charging defendant with assault by auto. Defendant pled guilty to fourth-degree assault by auto, and a judge sentenced him to a one-year term of probation plus all applicable fines and penalties. The Superior Court judge remanded the driving-while-intoxicated charge to the municipal court where it languished until defendant received a letter notifying him that the matter was scheduled for trial approximately one month later. Sixteen months elapsed between the sentence date for the indictable offense and notice of trial in the municipal court.

[258]*258Defendant promptly filed a motion to dismiss for violation of his right to a speedy trial. The municipal court judge denied the motion. On de novo appeal to the Superior Court, the Law-Division judge reversed, and the Appellate Division affirmed.

We conclude that the four-factor balancing analysis of Barker v. Wingo, 407 U.S. 514, 92 S.Ct. 2182, 83 L.Ed.2d 101 (1972), remains the governing standard to evaluate claims of a denial of the federal and state constitutional right to a speedy trial in all criminal and quasi-criminal matters. In reaching this conclusion, we decline to establish a bright-line rule as urged by amici. We also reject the notion that only two of the four Barker factors — length of delay and reason for the delay — should apply for quasi-criminal driving-while-intoxicated or refusal-to-submit-to-a-breath-test charges. As to defendant, we hold that the unexplained delay of sixteen months between remand to the municipal court and notice of trial date is inordinate and unreasonable. Although defendant did not request or demand disposition of the remaining charges in the municipal court during this period, his failure to assert his right to a speedy trial until receipt of a trial notice is relevant to, but not dispositive of, the speedy trial analysis. Coupled with the general anxiety caused by a lingering charge of this nature and the impact of the sanctions on defendant’s ability to obtain and retain employment, the delay violated defendant’s right to a speedy trial.

I.

On October 27, 2007, defendant was at a bar drinking with friends. He left the bar a little after midnight. While driving, he swerved to avoid a blocked traffic lane, crossed two lanes of traffic, and collided with a police car. The officer in the cruiser was injured. Following his arrest, police transported defendant to the police station where they administered an Alcotest; the test recorded a blood alcohol content in excess of .08.

Defendant was issued four tickets: driving while intoxicated, N.J.S.A. 39:4-50; reckless driving, N.J.S.A. 39:4-96; consumption of alcohol in a motor vehicle, N.J.S.A. 39:4-51a; and possession of [259]*259an open container, N.J.S.A. 39:4-51b. Defendant also received a summons for aggravated assault.

On April 10, 2008, a grand jury returned an indictment for fourth-degree assault by auto, N.J.S.A. 2C:12-l(c)(2). On September 19, 2008, defendant pled guilty to that charge. On November 14, 2008, a judge sentenced defendant to a one-year term of probation and imposed all appropriate fines, penalties, and assessments. By letter dated November 14, 2008, the Camden County Prosecutor notified the administrator of the Pennsauken Municipal Court that the motor vehicle tickets issued on October 28, 2007, were returned to that court and defendant had waived double jeopardy. On March 17, 2010, defendant received a letter from the Pennsauken Municipal Court that the motor vehicle charges were listed for trial on April 12, 2010.

Defendant retained an attorney, who promptly filed a motion to dismiss the motor vehicle charges on the ground that the delay denied defendant’s right to a speedy trial. Defendant argued the unexplained delay, whether calculated from the date of arrest (twenty-nine months) or from the date of sentence on the indictable offense and notice of trial in the municipal court (sixteen months), was egregious. Although defendant did not assert that his ability to defend the charges was prejudiced, he explained that he had limited his search for employment to short-term positions or places where he would not be required to drive to work, and he had surrendered a job offer that would have required him to drive. He also asserted that he adjusted his job search to focus on a permanent position as time passed because he thought the prosecutor had abandoned the charges. Once he received the trial notice, he returned to his prior strategy of searching for short-term jobs with lower wages.

The State argued that the delay experienced in this case, when an indictment issues from conduct that includes driving while intoxicated, was not uncommon. The municipal prosecutor stated that he learned the indictable charge had been resolved on or about March 5, 2010, when the court administrator received a [260]*260facsimile copy of the prosecutor’s November letter. The municipal prosecutor also argued that he had no record of a demand from defendant to set a trial date, that all assertions of prejudice were unsupported by a certification from defendant, and that defendant had retained his driving privileges since the accident and the initiation of charges in October 2007.

The municipal court judge denied the motion in an oral opinion. He assessed the delay from the date defendant pled guilty in Superior Court to assault by auto until the date the municipal court notified defendant of the trial date, that is, from November 14, 2008, to March 17, 2010; he considered that delay lengthy but not as lengthy as other cases. He also considered the delay unexplained, attributable to the negligence or carelessness of personnel in either the municipal court’s or county prosecutor’s office. The municipal court judge rejected the argument that defendant had no ability to assert his right to a speedy trial between sentencing on the criminal offense and receipt of the trial notice in municipal court. Finally, the judge found defendant’s assertions of prejudice unsupported and declined to give great weight to his assertions of anxiety and humiliation. Observing that dismissal of all charges was an extreme sanction, the judge stated the arguments presented by defendant did not warrant invocation of a sanction of such severity.

Following denial of his motion, defendant entered a conditional plea of guilty to driving while intoxicated. The judge suspended defendant’s driver’s license for one year, imposed the required fines, penalties, and assessments, and ordered defendant to attend twelve hours at the New Jersey Intoxicated Driver Resource Program.

Defendant filed an appeal in the Law Division. Following de novo review, the Law Division judge reversed the order of the municipal court denying defendant’s speedy trial claim and vacated the guilty plea and sentence. The judge applied the four-factor test identified in Barker, supra, 407 U.S. at 530, 92 S.Ct. at 2192, 33 L.Ed.2d

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Cite This Page — Counsel Stack

Bluebook (online)
61 A.3d 1278, 213 N.J. 253, 2013 WL 1286125, 2013 N.J. LEXIS 214, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cahill-nj-2013.