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1) United States v. Accetturo (U.S. District Ct., 1986
to 1988): This racketeering trial of the "Lucchese Family" (before the
Hon. Harold A. Ackerman, U.S.D.J.) is the longest federal trial in United
States history (November 1986 to August 1988), with "not guilty" verdicts for
all 21 defendants. Miles Feinstein and Mr. Saykanic represented Joseph
Licata. A book, The Boys From New Jersey, was written by Robert Rudolph
(see below); See New York Post article and Daily News cover
dated August 27, 1988. This trial is depicted in the 2006 Sydney Lumet
film Find me Guilty.
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The New York Post in 1988. |
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The New York Post in 1988. |
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Book on the Lucchese case. |
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Cast of characters in The Boys From New Jersey book. |
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Headline from the New York Daily News in 1988. |
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2) State v. Nicodemo Scarfo (1987; Superior Court, Law
Division, Atlantic County): Mr. Feinstein and Mr. Saykanic represented
Nicodemo Scarfo, the "reputed boss of the Philadelphia-South Jersey mob," in an
indictment (dismissed) charging the murder of a municipal court judge. (See Philadelphia
Daily News dated May 27, 1987).
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| The Philadelphia Daily News in 1987. |
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| The Philadelphia Daily News in 1987. |
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3) Robert Bisaccia v. United States of America, United
States District Court, Eastern District of New York; Second Circuit Court of
Appeals): Mr. Saykanic appealed defendant's convictions based on the testimony of Salvatore "Sammy the Bull" Gravano. In
October of 2006, Mr. Saykanic successfully sued the Bergen County Prosecutor's
Office (before the Honorable Sybil R. Moses, A.J.S.C.), for release of the
Prosecutor's file in State of New Jersey v. Salvatore Gravano for use in
the Bisaccia appeal (See The Record article dated November 7,
2006 -- "Pals say Gravano ordered hit on cop"; New Jersey Law Journal article
dated October 23, 2006 -- "Digging Rights"; and Star-Ledger article
dated September 26, 2006 -- "Prosecutors are ordered to give Gravano file to
mobster's lawyer.")
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The Star Ledger in 2006. |
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The New Jersey Law Journal in 2006. |
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The Record in 2006. |
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4) The Lawrence Simmons case (the "Doctor Doktor" homicide):
This case (along with the Rubin "Hurricane" Carter and the Kavanaugh cases), is
one of the most notorious cases in Passaic County criminal
jurisprudence. In 1977, Dr. David Doktor was brutally murdered in
Paterson while responding to a medical emergency. Lawrence Simmons was
convicted of participating in the mugging and beating of Dr. Doktor. Mr.
Simmons always maintained his innocence, and the only evidence linking Mr.
Simmons to the homicide was the testimony of David Wilson. Over the years
Wilson would recant his trial testimony and then recant his recantation.
Mr. Saykanic worked on this high profile murder case for twelve years
(from 1988 to 2000), when the Appellate Division ordered the homicide
indictment to be dismissed.
In Simmons v. Beyer, 44 F.3d 1160 (3d Cir.), cert. denied,
516 U.S. 905, 116 S.Ct. 271, 133 L.Ed. 2d 192 (1995), the
Third Circuit (Judges Nygaard, Cowen, Hutchinson; Judges Greenberg and Alito
dissented on the denial of rehearing) granted the habeas petition and reversed
the defendant's murder conviction due to the 13-year delay between the
defendant's sentencing and his direct appeal, along with the possibility of a Batson
violation (the improper exclusion of African-Americans from the jury).
After two retrials of Mr. Simmons resulted in hung juries,
in State v. Lawrence Simmons, 331 N.J. Super. 512 (App. Div.
2000), the Appellate Division (Judges Pressler, Kimmelman and Arnold) ordered
that the homicide indictment be dismissed. All major television
networks carried the story, and Mr. Feinstein and Mr. Saykanic appeared with
Mr. Simmons on Crier Today (Court TV) (see below).
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The Herald
News in 2000. |
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The Herald News in 2000. |
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The Record in 2000. |
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5) State of New Jersey v. Edward R. Forchion, a/k/a "New Jersey Weedman"
(Appellate Division; U.S. District Court): This is the case of
Edward R. Forchion, otherwise known as "The New Jersey Weedman." See Forchion v.
Intensive Supervised Parole, 240 F.Supp. 302 (D.N.J. 2003): In
August of 2002, Mr. Forchion was violated by the Intensive Supervision Program
("I.S.P.") for allegedly advocating marijuana use. Hearings to
determine whether Mr. Forchion violated ISP were begun in State Court in the
fall of 2002. If the defendant was found to have violated ISP he would
have been sentenced to 10 years in prison.
On January 24, 2003, the Honorable Joseph E. Irenas, U.S.D.J., granted Mr.
Forchion's motion for a TRO and ordered that the State release him from jail
and place him back into the I.S.P. program, since the State had violated Mr.
Forchion's First Amendment Free Speech rights. (See New Jersey Law Journal
January 27, 2003, "U.S. Judge Finds No Abstention Bar to Review of State's
'Weedman' Jailing." To view Mr. Forchion's web site, go to
www.NJWeedman.com. You can then view the documentary by Peter
Christopher titled: "Ed Forchion: First Amendment Activist," which
includes an interview with Mr. Saykanic.
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The New Jersey Law Journal in 2003. |
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Signed picture by NJ Weedman. |
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The New Jersey Law Journal
in 2003 |
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6) State v. Michael Coppola
(unpublished Appellate Division Opinion decided September 7, 2010): Judges Lisa,
Baxter and Alvarez reversed defendant's aggravated manslaughter and attempted aggravated
sexual assault convictions (and 27 year sentence) due to an improper jury instruction,
improper summation by the prosecutor, and improper evidentiary rulings.
7) State v. Scherzer, et al.: The "Glen Ridge" case
has received national attention and spawned a book (Our Guys by Bernard
Lefkowitz), a television movie (Our Guys: Outrage in Glen Ridge ), along
with a plethora of newspaper, magazine and law review articles.
Intense media coverage accompanied the 1997 Appellate decision and
re-sentencing. Mr. Saykanic represented Kevin Scherzer.
In State v. Scherzer, 301 N.J. Super. 363 (App. Div.), certif.
denied, 151 N.J. 466 (1997), the Appellate Division (Judges
Shebell, Baime and Braithwaite) in a 137-page opinion, reversed defendant's
conviction (for forcible rape), but affirmed as to sexual assault upon a
mentally defective person. The Court found that, although Kevin had been
deprived of his Sixth Amendment right to effective trial counsel due to
counsel's absences, the error was harmless. On September 12, 2003, the Third
Circuit granted the certificate of appealability; but later denied the writ in
the summer of 2004.
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The New Jersey Law Journal in
1997. |
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Mr. Saykanic on the Today Show .
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The Herald News in 1997. |
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8) State v. Omar Karriem Shabazz (unpublished Law
Division decision decided May 29, 1991; App. Div. Opinion dated July 24,
1992): Mr. Shabazz was convicted of felony-murder and received a
sentence of life plus 23 to 32 years. Mr. Saykanic filed a petition for
post-conviction relief and the Honorable Benjamin J. Cohen, J.S.C., granted the
petition, re-sentencing Mr. Shabazz to life plus 10 to 12 years. He was
released in 1994, and is Program Director of the Prisoners Resource Center of
the "American Friends Service Committee" Criminal Justice Program.
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| 1995 |
| Omar Shabazz and Mr. Saykanic following Mr. Shabazz's release. |
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9) State of New Jersey v. Angel Colon, 360 N.J.
Super. 101 (App. Div. 2003): Mr. Saykanic represented Angel Colon, who
was convicted of second degree robbery (a "home invasion"). On May 7,
2003, the Appellate Division ruled that allowing the victim, a 94 year old
woman at the time of trial, to testify by videotape deposition violated
defendant's Sixth Amendment Confrontation Rights and ordered a new trial.
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The Herald News in 2003 |
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10) State v. Riley, 306 N.J.Super. 141 (App.
Div. 1997): In this first-degree robbery appeal, Mr. Saykanic successfully
argued before the Appellate Division (Judges Pressler, Wallace and Carchman)
that the defendant's pocket knife was not a "deadly weapon" within the meaning
of the first-degree robbery statute, and the defendant's pocket knife was not a
"weapon" for the purposes of the fourth-degree possession charge. The Appellate
Division reversed the defendant's conviction of first-degree robbery and
fourth-degree weapon possession.
11) State v. Fredrick Stampone, 341 N.J. Super. 247
(App. Div. 2001): The defendant was convicted of disorderly conduct and
refusing to exhibit a driver's license. The Appellate Division (Judges
Pressler, Ciancia and Alley) reversed and ordered that the charges be
dismissed. The reasons for the reversal were that the police officer had
no right to conduct a Terry stop and that the defendant's actions in
slamming the car door shut and almost hitting the police officer, and cursing
at the officer, did not constitute disorderly conduct.
12) State v. Robert Pietraszewski (Appellate Division
unpublished opinion dated April 25, 2001): Judges Keefe, Eichen and Weissbard
reversed defendant's convictions for possession of a weapon to use it
unlawfully, burglary while armed, and harassment. The defendant was
convicted of violating a restraining order and holding his wife hostage at
gunpoint during a standoff with the police. The defendant received a ten
year prison sentence, with the 85% provision of the "No Early Release Act"
applied.
The Court ordered a new trial because the trial judge had refused to allow the
defendant to represent himself. The Court also found that the NERA was
inapplicable. Following pleas to reduced charges, defendant was freed
with time served. See New Jersey Lawyer article dated March 13, 2000 ("A
stringent sentence law at crossroads") and Star-Ledger article dated
April 26, 2001 ("Appeals court allows new trial for gunman").
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The Star Ledger
in 2001. |
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The New Jersey Lawyer in 2000. |
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13) Lyons v. Township of Wayne, 185 N.J. 426
(2005): In this action alleging negligence by the Township of Wayne for the
flooding of the plaintiffs' property, the New Jersey Supreme Court accepted Mr.
Saykanic's argument that there may be a continuing nuisance with each new
rainfall, and reinstated the plaintiffs' complaint against the Township. Click
here to view and hear Mr. Saykanic's winning argument before the
Supreme Court held on September 27, 2005. (See The Record article dated
January 25, 2006, captioned "Score one for homeowner; Man can sue Wayne, in a
case with wider reach" and the Herald News article dated January
25, 2006, captioned "Resident turns the tide.")
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The Record in 2006. |
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14) United States v. Charles Delahanty (United States
District Court for the District of New Jersey): Delahanty, a Passaic County
Freeholder from 1985 to 1996, pleaded guilty to extortion for accepting a bribe
to influence the awarding of a public works contract. Delahanty faced 24-30
months, but was sentenced to probation with 6 months of home detention by
the Honorable Dickinson R. Debevoise, Sr. U.S.D.J. Mr. Saykanic
worked on this case with Jay V. Surgent, Esq. (See the Record article
dated November 9, 2001, titled "Ex-Official avoids prison for corruption.")
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The Record in 2001. |
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15) United States v. Charles Torres
Torres I : The defendant pleaded guilty to bank fraud
and received a 24 month sentence. Mr. Feinstein and Mr. Saykanic
appealed and on July 8, 1996, the Third Circuit (Judges Stapleton, Greenberg
and Aldisert), reversed since the district court had improperly refused to
reduce the offense level for acceptance of responsibility.
16) Torres II: Following the remand, Judge Walls
sentenced the defendant to a term of 11 months. The defendant appealed, and in
a published opinion Judges Becker, Nygaard and Ambro found that, while Judge
Walls was remiss in not reciting on the record how he weighed the sentencing
factors, the sentence should be affirmed. Torres is the polestar
for Third Circuit district judges when they sentence under U.S.S.G. §
5K1.1, and is published at 251 F. 3d 138 (3d Cir. 2001) (See New Jersey
Law Journal article dated May 28, 2001).
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The New Jersey Law Journal in 2001. |
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17) State v. Robert Stemmer (unpublished Appellate
Division Opinion dated March 4, 1994): In this aggravated manslaughter case,
the defendant was convicted of recklessly killing a toll collector after
speeding through the toll. Mr. Saykanic prepared the appellate brief for
Allen Marra, Esq. The Appellate Division (Judges Shebell and Long) held
that it was plain error for the trial judge not to instruct the jury on the
lesser offense of reckless manslaughter, and reversed the conviction. (See Star-Ledger
article dated March 5, 1994).
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The Star Ledger in 1994. |
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18) Mocco v. New Jersey State Parole Board, certification
granted 182 N.J. 150 (2004): The New Jersey
Supreme Court heard argument by Mr. Saykanic on February 28, 2005,
regarding numerous parole conditions restricting Mr. Mocco's right to campaign
and to work where he chooses. Mr. Mocco (the former North Bergen Township
Clerk), was restricted by the Parole Board from many political and
non-political activities. See Jersey Journal articles dated October
31, 1995 and October 21, 1998.
You can also see and hear Mr. Saykanic's argument before the Supreme Court by
clicking
here .
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The Jersey Journal in 1995. |
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The Jersey Journal in 1998. |
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19) State v. Carl Grant, 254 N.J. Super. 571
(App. Div. 1992): Mr. Saykanic represented Carl Grant, and the
felony-murder conviction for which defendant was given a life sentence was
reversed by the Appellate Division (Judges O'Brien, Havey and Conley) and a new
trial was ordered due to jury misconduct.
20) State v. Nicholas Kontakis; Kontakis v. Beyer,
19 F.3d 110 (3d Cir. 1994): The defendant was convicted of murdering his
wife by shooting her in the head three times in broad daylight in the center of
Franklin Township in front of numerous witnesses, including the chief of
police. Mr. Saykanic represented Mr. Kontakis on his habeas petition
and in 1993 the Honorable Garrett E. Brown, U.S.D.J., granted the petition
based upon an unconstitutional jury instruction. The State appealed, and
the Third Circuit (Judges Greenberg, Roth, and Pollak), reinstated the
conviction.
The Third Circuit, however, wrote: "The court notes that the district court
appointed John Vincent Saykanic, a member of the New Jersey bar, to represent
Kontakis in this case and that he ably has represented Kontakis in both the
district court and this court in the finest traditions of the legal
profession." 19 F .3d at 120.
21) State v. DeLuzio, et al. (Superior Court, App. Div.
Opinion opinion decided June 8, 1993, published as State v. DeLuzio, 274 N.J.
Super. 101 (App. Div. 1993)), affirmed by the New Jersey Supreme
Court on June 27, 1994, at 136 N.J. 363 (1994)): This case involved
the appeal of convictions for gambling and theft based upon a complex pyramid
scheme. Mr. Saykanic represented Theodore Watley on appeal (Mr.
Watley received a four year prison sentence, but was granted bail pending
appeal). The Appellate Division (Judges Gaulkin, Havey and Stern) held
(and the New Jersey Supreme Court affirmed), that the convictions for gambling
could not stand since the pyramid scheme did not constitute a lottery.
Also, a remand was required to determine whether Watley had been deprived
effective trial counsel due to repeated absences. The indictment was
dismissed.
22) State v. John Tell (unpublished
Appellate Division opinion dated December 2, 1994): Mr. Saykanic
represented John Tell, who was convicted of the "drug kingpin" statute (N.J.S.A.
2C:35-3), and received a mandatory life sentence. The Appellate Division
(Judges Gaulkin, Baime and Kestin), reversed the drug kingpin conviction based
upon an inadequate jury instruction.
23) R.E. v. R.E. (unpublished Appellate Division
opinion dated April 23, 1996): Mr. Saykanic represented the ex-husband R.E.,
who appealed from the child support provisions of a judgment of divorce.
The Appellate Division (Judges Pressler and Wefing) held that R.E.'s income was
insufficient to allow him to comply with the lower court's directive and
reversed the case.
24) State v. $3,000.00 In Currency, 292 N.J.Super.
205 (App. Div. 1996): In this forfeiture case, Mr. Saykanic prepared the brief
on behalf of the claimant. The Appellate Division (Judges Pressler, Keefe and
Wefing) found that the claimant should have been given the opportunity to
present proofs that the Porsche automobile and cash found were not the proceeds
of criminal activity.
25) State v. J. P. (Appellate Division unpublished
opinion decided August 13, 1998): Mr. Saykanic worked on this case with Harvard
Law Professor Alan Dershowitz. The defendant was convicted of theft
by deception and received a 270 day jail sentence. Two of the Appellate
Division Judges (Petrella and Steinberg), in a split decision, affirmed.
However, Judge Skillman, in a dissenting opinion, held that "the trial judge's
extensive questioning of defendant 'suggest[ed] disbelief' concerning the
truthfulness of his testimony ..., and consequently deprived him of a fair
trial. Therefore, I would reverse defendant's conviction and order a
new trial." Since there was a dissent, there was an appeal as of right to
the New Jersey Supreme Court. In consideration for dropping the appeal to
the Supreme Court, the defendant was re-sentenced to straight probation and
served no jail time.
26) D.M. v. A.M. (unpublished Appellate Division
Opinion dated November 30, 2001): In this child support appeal, the Appellate
Division (Judges Wefing and Parrillo) found that the trial court must review
its award of child support.
27) State v. Hugh Quinn (App. Div. Docket No.
A-3404-01T2) : Defendant, who had three prior drunk driving convictions,
pleaded guilty in Hasbrouck Heights to drunk driving and was sentenced as a
second offender. The State appealed, arguing that the defendant should be
sentenced as a third or fourth drunk driving offender. Mr.
Saykanic represented Mr. Quinn in the Appellate Division, and following
oral argument, on March 24, 2003 (before Judges Petrella and Bilder), the State
withdrew its appeal and defendant was sentenced as a second DWI offender.
28) State v. Mohammed El-Atriss; In Re Release of Sealed
Transcripts in the Matter of Mohammed El-Atriss, (Passaic County Docket
No. L-917-03): In this case, the defendant El-Atriss, accused of selling forged
identity papers to two of the Sept. 11 hijackers, was held in jail on $500,000
bail based upon "secret evidence". Mr. Saykanic assisted Mr. Feinstein
with the interlocutory appeal and the Appellate Division ordered a
remand. The Passaic County Prosecutor's Office then offered Mr.
El-Atriss a plea offer to time served (five months), which was accepted.
The case received national attention due to Mr. El-Atriss
being incarcerated based upon the "secret evidence."
29) State of New Jersey v. Richard Morales, (Appellate
Division unpublished opinion decided on May 21, 2004): In this triple homicide
case, the defendant Morales was convicted of conspiracy to commit murder and
conspiracy to commit robbery, for which he received a 20 year sentence
with a 10 year parole disqualifier. The Appellate Division (Judges Fall,
Parillo and Hoens) reversed the sentence and ordered both convictions to be
merged, resulting in a 10 year sentence. Mr. Morales has been released from
prison.
30) State v. A.K. (Passaic County Municipal Appeal No:
4357): The Honorable Edward V. Gannon, J.S.C., reversed defendant's conviction
for harassment (based upon his alleged sending of fake anthrax to an
ex-girlfriend) and entered a judgment of acquittal based upon insufficient
evidence.
31) State v. R.P. (Passaic County Municipal Appeal No.
A-23-03T3): The Honorable Garry S. Rothstadt, J.S.C., reversed defendant's
conviction for DWI (second offense) and leaving the scene of an accident due to
the failure of a proper English translation (the defendant is Ukrainian).
32) State v. Myers, 357 N.J. Super. 21 (App.
Div.), certif. denied 175 N.J. 548 (2003): The Appellate
Division reversed Judge Gannon's order suppressing the heroin seized.
33) State v. Acker, 265 N.J. Super. 351 (App.
Div. 1993): Mr. Saykanic prepared the brief for William J. DeMarco,
Esq.; the Appellate Division held that the prosecutor's summation was so
egregious that a new trial was warranted.
34) Granata v. Parole Board, 237 N.J. Super. 630
(App. Div. 1990): Mr. Saykanic represented Anthony Granata. The
Appellate Division (Judges Michael, Cohen and Brochin) held that the issue of
whether the Parole Board had improperly refused to release defendant on his
first eligibility date due to his alleged "Mafia" ties was rendered moot when
defendant was subsequently released from custody due to illness. R .
3:21-10(b)(2).
35) Matter of Iulo, 115 N.J. 498 (1989):
Mr. Saykanic argued before the New Jersey Supreme Court, which held that a
criminal conviction for misapplication of entrusted funds warrants
disbarment.
36) State v. James Cecil, 260 N.J. Super. 475
(App. Div. 1992): The defendant was convicted of terroristic threats for
entering a courtroom in Union County, claiming that he had a bomb in a brief
case, and demanding that President Bush be brought to the Court House. Judges
Antell, Dreier and Skillman held that the defendant had been competent to stand
trial, and affirmed.
37) State v. M.J.K, 369 N.J. Super. 532
(App. Div. 2004): Mr. Saykanic worked on this appeal with John R. Klotz, Esq.
The defendant was convicted of third-degree possession of a weapon for an
unlawful purpose and third-degree criminal restraint. The Appellate Division
agreed that the defendant was not competent to stand trial and reversed the
convictions.
38) State v. Ebert, 377 N.J. Super. 1
(App. Div. 2005): In this drunk driving appeal, the Court found that the State
had proven operation beyond a reasonable doubt and that the defendant's
admissions were not inadmissible.
39) State v. Blazo Maksic, (Passaic County
Municipal Appeal No. MA-4552): The Honorable George F. Rohde, Jr., J.S.C.,
reversed defendant's convictions for DWI (second offense) and Refusal due to a
lack of probable cause for the defendant's arrest, and ordered the complaints
dismissed.
40) State v. Richard D. Henry (App. Div. Docket No.
A-6208-03T4; decided on June 30, 2006): the Appellate Division (Judges Wefing,
Wecker and Fuentes) reversed defendant's conviction for selling crack cocaine
to an undercover detective for which he was sentenced to 8 years in prison. The
Appellate Division found that the trial judge committed reversible error by
barring the use by the defense of the grand jury transcript during the
cross-examination of the State's witness, a police detective.
41) State v. Luz Cardenas (Passaic County Municipal
Appeal No. MA-4552; decided on June 30, 2006): The Honorable Ernest M.
Caposela, J.S.C., reversed defendant's conviction for simple assault due to a
deficient plea allocution.
42) State v. T.L.L. (Passaic County Municipal Appeal
No. 4597; 2006): Mr. Saykanic prepared the brief along with John R. Klotz, Esq.
The Honorable Raymond A. Reddin, J.S.C., reversed defendant's conviction for
refusing to take the breathalyzer test on the grounds that she was physically
unable to take the test.
43) State v. Marcos Patino Cabrera, 387 N.J. Super.
81 (App. Div. 2006): Mr. Saykanic prepared the appellate brief with Miles
Feinstein, Esq. The Appellate Division, in a published opinion, held that the
defendant's rights under the Vienna Convention were not violated, and affirmed
the conviction for aggravated sexual assault.
44) State v. Arthur Lee Bond (Passaic County Law
Division, 1991): Mr. Saykanic worked on this murder case with Jay V. Surgent,
Esq. The defendant was charged with murder for throwing the victim off of a
balcony, but after winning several of the pretrial motions, the defendant was
allowed to plead guilty to manslaughter and received an eight year prison
sentence.
45) State v. Rosendo D. DeDios, (Passaic County
Municipal Appeal No.: 4518): In an unpublished opinion filed December 21, 2005,
the Honorable Ralph L. De Luccia, Jr., accepted the argument that the
defendant, a third-time drunk driving offender, should be permitted to serve
his entire 180-day County Jail sentence on consecutive weekends (so that he
could work during the week and support his family). Mr. DeDios successfully
completed his entire 180-day jai sentence on consecutive weekends.
46) State v. C.D. (Law Division unpublished opinion
decided June 15, 2007): Judge DeLuccia dismissed the defendant's drunk driving
conviction due to a violation of defendant's speedy trial rights.
47) In the Matter of J.M., (Law Division May 7, 2007
Order): Judge Freedman ordered the inmate confined pursuant to the Sexually
Violent Predator Act released from the Special Treatment Unit to a nursing
facility.
48) State v. Ernest Spell, 395 N.J. Super. 337
(App. Div. 2007) (effective October 1, 2007, officers must read additional
paragraph of the refusal form when a defendant refuses to immediately take the
breathalyzer exam), reversed, 196 N.J. 537 (2008).
49) State v. J.P. (Watchung Municipal Court; 2008):
Judge dismissed drunk driving and refusal charges due to delay in prosecution.
50) United States v. G.S.: On December 23, 2008, the
United States Court of Appeals for the Third Circuit vacated the judgment of
sentence and remanded for resentencing because, after defendant was convicted
of conspiracy to commit credit-card fraud and mail fraud, the district court
improperly added a two-level enhancement to his offense level.
51) State v. G.A.
(Law Division; decided April 14, 2010): after three years of litigation and evidentiary
hearings, the Honorable Marilyn C. Clark, P.J.Cr. granted defendant's post-conviction
relief application (and vacated his conviction) on the ground that he had not been
properly advised as to the immigration consequences of his plea.
52) J.U. v. United States,
(United States Court of Appeals for the Second Circuit; 607 F.2d 318 (2d Cir 2010)
Docket No. 09-3398-op; Opinion
filed June 14, 2010): the Second Circuit accepted the argument that petitioner's
application was not a "second or successive" motion to vacate the conviction and
reversed the Southern District Court's ruling dismissing the habeas petition.
53) State v. S.V.
(Law Division; decided April 29, 2009): the Honorable Donald J. Volkert, Jr., P.J.S.C.,
reversed defendant's conviction for resisting arrest and entered a judgment of acquittal.
54) State v. G.P.
(Law Division; decided June 8, 2010): The Honorable Jared D. Honigfeld, J.S.C.,
reversed defendant's hunting violation convictions and entered judgment of acquittal
due to the illegality of the State's search and seizure.
55) State v. M.J.
(Law Division; decided in September 2010; with Jay V. Surgent, Esq.): Judge Honigfeld
reversed defendant's drunk driving conviction and entered a judgment of acquittal.
56) State v. E.O.
(Unpublished Appellate Division Opinion decided August 12, 2009; with Miles Feinstein,
Esq.): the Appellate Division reversed an Order denying the motion to withdraw the
guilty plea and remanded for further proceedings.
57) State v. Y.N.
(Law Division; with George J. Abdy, Esq.): the Honorable Lois Lipton, J.S.C. reversed
defendant's convictions for obstructing justice and all motor vehicle charges and
entered judgments of acquittal.
58) State v. K.K.
(Hawthorne Municipal Court): On October 9, 2008, Judge Meola dismissed assault and
trespassing complaints against the defendant.
59) State v. G.H. (Jersey
City Municipal Court): In June 2008, the Jersey City Municipal Judge dismissed all
motor vehicle charges against the defendant.
60) State v. Bernard Laufgas
(unpublished Appellate Division Opinion decided March 16, 2010; Mr. Saykanic represented
Mr. Laufgas pro bono with Anthony J. Randazzo, Esq.): Judges Rodriguez, Reisner
and Yannotti upheld Mr. Laufgas’ contempt conviction for sending alleged poison-pen
letters to a public official. However, the 6 month jail sentence was reduced to
45 weekends in a medical facility.
All Opinions/Briefs in the above cases available upon request.
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