STATE OF NEW JERSEY VS. ISAIH GORDONÂ (13-11-2914, ESSEX COUNTY AND STATEWIDE), A-0347-15T1

Background

Defendant (Isaih Gordon) was convicted by a jury of second-degree unlawful possession of a weapon, fourth-degree possession of hollow-point bullets, and fourth-degree resisting arrest after police chased him and recovered a handgun and ten bullets from the scene.
Officers Pearce and Ho gave lay testimony about spotting the gun and pursuing defendant; Officer Ho photographed the gun after waiting for equipment.
Detectives Harris (crime-scene/fingerprints) and Woods (ballistics/firearms) testified with technical opinions: Harris that no usable fingerprints were recoverable from the gun (plastic/alligator-type grip); Woods that the gun was operable and the bullets were hollow-point.
The State did not formally offer Harris and Woods as expert witnesses and the trial judge did not give the model expert-witness jury instruction; defense did not object at trial.
After extended deliberations the jury reported being deadlocked on two counts; the judge gave a charge urging further deliberation (not the Czachor-model charge) and the jury returned guilty verdicts on all counts that evening.
Trial court denied the State's request for an extended term; defendant received an aggregate 8-year sentence (4 years parole ineligibility). Appellate Division reviews unpreserved claims for plain error and reverses and remands for a new trial.

Issues

Issue	State's Argument	Defendant's Argument	Held
Failure to qualify witnesses as experts and omit expert jury charge	No harmless error; defense argued lack of fingerprints favored defendant so expert framing was unnecessary	Detectives rendered expert opinions in fingerprint and ballistics matters; jury lacked instruction on how to evaluate expert testimony	Reversed: plain error — detectives should have been offered/qualified as experts and jury given expert charge; omission capable of producing unjust result
Jury coercion when deadlocked; judge's post-impasse instruction	Error conceded as to failing to give Czachor-model charge but argued harmless here	Judge's instruction effectively urged minority jurors to reconsider and stressed judicial economy, creating coercion	Reversed: instruction was coercive under the circumstances and, combined with expert-charge error, infected verdict
Ineffective assistance for failing to invoke 2013 gun-amnesty statute	Amnesty did not create blanket immunity; State argued statute did not apply to facts	Defendant argued counsel should have raised 180-day amnesty defense	Not reached on full record; appellate court finds claim without sufficient merit to warrant discussion and rejects blanket-amnesty theory per Harper; no relief on this point
Excessive sentence challenge	No party contends sentencing was procedurally improper; State notes judge denied extended-term request	Defendant contends sentence is manifestly excessive	Not addressed on merits because convictions vacated; sentencing issues moot for remand; resisting-arrest term not excessive on record

Key Cases Cited

State v. Odom, 116 N.J. 65 (expert testimony admissible when subject beyond ordinary juror knowledge)
Allen v. United States, 164 U.S. 492 (Federal precedent upholding charge urging minority jurors to reconsider views)
State v. Czachor, 82 N.J. 392 (New Jersey rejection of coercive Allen-style charge; model post-impasse instruction endorsed)
United States v. E. Med. Billing, Inc., 230 F.3d 600 (3d Cir. 2000) (discussing Allen charge in federal context)
State v. Barasch, 372 N.J. Super. 355 (trial judge may not coerce jury verdict; verdict must be unfettered)
State v. Roberts, 163 N.J. 59 (trial courts must preserve calm, unhurried atmosphere for deliberations)
State v. Biegenwald, 106 N.J. 13 (language that understates jury duty risks coercion)
In re Stern, 11 N.J. 584 (importance of jury verdict being free and untrammeled)
State v. Preciose, 129 N.J. 451 (principles limiting consideration of ineffective-assistance claims on direct appeal)
State v. Harper, 229 N.J. 228 (amnesty statute does not create blanket immunity)