STATE OF NEW JERSEY v. DORIAN GRAHAM (17-03-0285 AND 18-04-0608, MIDDLESEX COUNTY AND STATEWIDE)
A-0674-19
| N.J. Super. Ct. App. Div. | Mar 15, 2022Background
- In 2016 Detective Michael Carullo investigated heroin distribution involving Jamie Monroe and defendant Dorian Graham; two confidential informants and multiple undercover/controlled purchases corroborated ongoing trafficking.
- Surveillance, DMV checks, and CI tips linked a black Mercedes (registered to Graham) and a BMW/Dodge (linked to Monroe) to the operation; officers observed hand-to-hand transactions and packaging activity at Hillcrest and Buttonwood addresses.
- September 2016 warrants were executed after canine alerts and surveillance; officers located hidden compartments and, in the Mercedes, forced open a compartment containing a loaded 9mm handgun, magazine, and suspected heroin/fentanyl.
- Graham was indicted on numerous drug and weapons counts; a motion judge dismissed several counts (including some possession-with-intent and school-zone charges), denied requests for a Franks hearing, suppression, and CI disclosure; Graham later pled guilty to certain counts and was sentenced to an aggregate 15 years with specified parole ineligibility and jail-credit rulings.
- The court amended the Judgment of Conviction (JOC) to clarify that 1,083 days of jail credit applied to a specific count; Graham appealed, challenging the suppression analysis/independent-source issues, warrant scope, degree of the weapon offense, and the JOC amendment.
- The Appellate Division affirmed, rejecting Graham’s challenges to the Franks/suppression rulings, warrant scope, and JOC amendment, but directed the parties to address an apparent inconsistency where a previously dismissed school-zone count appears in the plea/sentence record.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Graham) | Held |
|---|---|---|---|
| Franks/hearing & suppression / independent-source analysis | Affidavits (multiple CIs, controlled buys, surveillance, canine alerts) established probable cause even excluding the disputed transaction; no deliberate falsehood and no unlawful police conduct | Affidavit misstated an August controlled buy (per Monroe); that misstatement required a Franks hearing and independent-source analysis because it may have produced the tainted information and the State didn’t prove absence of flagrant misconduct | Denied Franks hearing; affidavits independently supplied overwhelming probable cause without the disputed buy; no evidence of deliberate falsehood or flagrant misconduct; suppression denied; independent-source doctrine unnecessary but would be satisfied if applied |
| CI identity disclosure | Disclosure not required because it would not assist defense; judge properly balanced interests | Sought CI identity to investigate alleged police flagrancy and impeach affidavit reliability | Denial affirmed (issue waived on appeal for lack of briefing); court found nondisclosure proper |
| Scope of vehicle search and warrant sufficiency (pro se) | Warrants authorized vehicle searches including compartments; canine alerts and affidavit requested intrusive means to search hidden traps | Search exceeded warrant/scope, interfered with vehicle integrity (Cuellar), affidavit lacked probable cause | Issue not preserved below; on merits search upheld: warrant-supported search of areas likely to contain drugs (Ross), Cuellar inapplicable (that was incident-to-arrest), affidavit supplied probable cause for hidden compartments |
| JOC amendment / degree of weapon offense / jail credits | Court may correct clerical errors to conform JOC to oral sentence; oral pronouncement controls; defendant admitted prior robbery making enhancement to first-degree proper; double-crediting not permitted | Court increased sentence without notice by applying credits to only one count; claimed count should be second-degree | Amended JOC valid under Rule 1:13-1 and Matlack/Pohlabel doctrine; oral sentence controlled; enhancement to first-degree sustained by plea admission of prior robbery; double-counting disallowed (C.H.) |
Key Cases Cited
- Franks v. Delaware, 438 U.S. 154 (1978) (standard for a defendant's preliminary showing of deliberate falsehood/reckless disregard to obtain a Franks hearing)
- Nix v. Williams, 467 U.S. 431 (1984) (independent-source doctrine permitting admission of evidence discovered independently of unlawful conduct)
- State v. Camey, 239 N.J. 282 (2019) (articulates three-prong independent-source test: probable cause without tainted info, police would have sought warrant anyway, and absence of flagrant misconduct)
- State v. Holland, 176 N.J. 344 (2003) (independent-source doctrine discussion)
- State v. Boone, 232 N.J. 417 (2018) (warrant presumptively valid; totality-of-the-circumstances review for probable cause)
- State v. Chippero, 201 N.J. 14 (2009) (appellate role in reviewing a warrant judge's finding)
- State v. Cuellar, 211 N.J. Super. 299 (Law Div. 1986) (search-incident-to-arrest limits; distinguished where a warrant authorizes intrusive vehicle searches)
- State v. C.H., 228 N.J. 111 (2017) (double-counting of jail credit is not permitted)
- State v. Matlack, 49 N.J. 491 (1967) (trial court may correct clerical sentencing errors to reflect the judge's true oral sentence)