STATE OF NEW JERSEY VS. KEVIN KUTE (14-066, MONMOUTH COUNTY AND STATEWIDE)
A-3077-14T1
| N.J. Super. Ct. App. Div. | Jun 23, 2017Background
- At ~10:30 p.m. on May 2, 2014, Colts Neck Officer Steven Panepinto observed a vehicle and recorded 70 mph in a 50 mph zone using a speed detection device; he stopped and issued a summons via the E-ticket system.
- The E-ticket listed the car as a silver Honda station wagon with a New Jersey plate; Panepinto testified he may have inputted the wrong vehicle type but identified defendant as the driver in court.
- Defendant Kevin Kute testified the stop occurred on a different route, that he was driving a Honda sedan, could not say he was speeding, and pointed out the officer’s name on the summons was misspelled.
- Municipal court found Officer Panepinto credible and convicted Kute of speeding (N.J.S.A. 39:4-98); defendant appealed and requested a trial de novo in the Law Division.
- On de novo trial Judge Mellaci again found Panepinto credible, rejected arguments about the name misspelling and lack of jurisdiction, and convicted Kute; appeal to Appellate Division followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Credibility of officer and sufficiency of evidence for speeding | State: officer’s testimony and speed device reading establish guilt | Kute: officer misidentified vehicle, record errors undermine credibility | Court: affirmed; credibility determinations by two lower courts stand; evidence sufficient |
| E-ticket vehicle-description error | State: clerical vehicle-description error immaterial to identity and speed evidence | Kute: station wagon vs. sedan discrepancy suggests mistaken identity | Court: error immaterial; did not negate officer’s identification or speed reading |
| Misspelling of officer’s name on summons | State: clerical misspelling does not affect validity of testimony or summons | Kute: misspelling casts doubt on whether Panepinto issued the summons | Court: misspelling was nonsensical as a basis to reject testimony; claim meritless |
| Waiver of right to counsel | State: proceedings were proper; no illegal waiver issues affecting conviction | Kute: he did not knowingly or intelligently waive counsel | Court: claim lacked merit; court rejected defendant’s waiver argument |
Key Cases Cited
- State v. Johnson, 42 N.J. 146 (establishes appellate review limited to whether lower-court findings could reasonably be reached on sufficient credible evidence)
- State v. Locurto, 157 N.J. 463 (appellate courts defer to trial factfinding and credibility assessments)
- Midler v. Heinowitz, 10 N.J. 123 (supports deference to concurrent lower-court findings)
- Manalapan Realty, L.P. v. Manalapan Twp. Comm., 140 N.J. 366 (no deference owed to trial court’s legal conclusions)
- State v. Brown, 118 N.J. 595 (distinguishes factual deference from review of legal conclusions)