The courts are closed today for Veterans Day, so it is an opportunity to catch up on two grants of certification that the Supreme Court issued last week. Both involve criminal matters.
In State v. Konecny, the question presented, as phrased by the Supreme Court Clerk’s office, is “Can a defendant’s past uncounseled convictions for driving while intoxicated (DWI) support a conviction under N.J.S.A. 2C:40-26(b), which prohibits driving during a period of license suspension imposed following a second or subsequent conviction for DWI?” Both the Law Division and a two-judge panel of the Appellate Division, in an unpublished per curiam opinion, ruled against defendant.
The other new appeal, State v. Hedgespeth, presents this question: “Was it harmless error for the trial court to determine that defendant’s prior convictions could be used to impeach him under N.J.R.E. 609 where that determination resulted in defendant’s decision not to testify, and did the admission of an affidavit certifying the nonexistence of a gun permit without testimony by the affiant violate the Confrontation Clause?” A three-judge Appellate Division panel, in an unpublished opinion, rejected all of defendant’s arguments and affirmed his convictions of possession of a controlled dangerous substance and unlawful possession of a handgun.