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Tag Archives: Carjacking

Criminal Practice – New Trial Ordered in Carjacking Case (access required)

U.S. v. Moore In a carjacking prosecution that turned on identification of defendant as the dreadlocked offender who stole the victim’s car, the government’s error in misrepresenting the date on a photo of a different suspect without dreadlocks, who was seen driving the vehicle three days after the carjacking, means defendant is entitled to a new trial based on the new evidence; the 4th Circuit says the district court erred in rejecting defendant’s newly-discovered-evidence argument.

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New standard of chutzpah (access required)

punch

Anthony “Naughty Tony” Montgomery expressed his dissatisfaction with the direction his carjacking trial was headed by socking his lawyer in full view of the jury. Even though Naughty Tony’s courtroom outburst probably went a long way in convincing the jury that he was a bad guy who needed to be put away, New Jersey courts have decided it was unnecessary for the trial judge to declare a mistrial.

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Criminal Practice – Evidence – Identification – ‘Show-Up’ — Biggers Factors — Carjacking (access required)

State v. Mitchell Even though the single-person show-up identification procedure used in this case has been disfavored as suggestive, the circuit court properly found the victim’s identification of defendant was sufficiently reliable pursuant to the factors set out in Neil v. Biggers, 409 U.S. 188 (1972): The victim was able to view defendant’s face very closely during the carjacking, which took place outside during the day...

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