STATE OF NEW JERSEY VS. VONTE L. SKINNER(06-11-1756, BURLINGTON COUNTY AND STATEWIDE)
A-5365-14T2
| N.J. Super. Ct. App. Div. | Nov 29, 2017Background
- Defendant Vonte L. Skinner was convicted after a third trial of second-degree aggravated assault and third-degree aggravated assault with a deadly weapon for shooting a victim seven times and causing paralysis; he received a 16-year NERA extended term. A first-degree attempted murder count was dismissed with prejudice after the jury in the third trial hung on it.
- Two prior trials occurred: the first ended in mistrial; the second produced convictions (and some acquittals) that the New Jersey Supreme Court reversed because of the erroneous admission of defendant-authored violent rap lyrics. The reversal led to this third trial.
- Key evidence at the third trial: the victim’s in-situ and hospital identification of defendant as the shooter, defendant’s cell phone found at the scene, phone records showing repeated calls, ballistics linking the casings to the same 9mm weapon, and defendant’s admission that he met the victim at the scene.
- Defense evidence included testimony from family/friends denying defendant shot anyone and asserting he wore dark clothing and ran from the scene; defendant admitted being present but denied firing the shots.
- Defendant moved pretrial to dismiss on double jeopardy, collateral estoppel, and fundamental fairness grounds; after conviction he moved for a new trial arguing the verdict was against the weight of the evidence and challenged the extended-term sentence. The trial court denied relief on all grounds; the Appellate Division affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Double jeopardy — may State retry after reversal? | Retrial permitted because prior reversal was for trial error (prejudicial lyrics), not insufficiency of proof; defendant remained in continuing jeopardy. | Retrial barred because Supreme Court reversal should preclude reprosecution on those counts. | Affirmed: Double jeopardy does not bar retrial where prior reversal was for trial error rather than failure of proof. |
| Collateral estoppel — acquittals in prior trial preclude retrial on related counts? | No; prior inconsistent verdicts (acquittals and convictions by the same jury) prevent a preclusive finding, and earlier proceedings did not produce a valid final acquittal on issues that would foreclose retrial. | Collateral estoppel applies because prior acquittals on weapon-possession counts foreclose proving the weapon-related assault. | Affirmed: Collateral estoppel does not bar retrial given continuing jeopardy and inconsistent verdicts in prior proceedings. |
| Fundamental fairness — should indictment be dismissed after successive proceedings? | Prosecution refile justified: prior error (lyrics) not bad faith; Abbati factors do not support dismissal; retrial not oppressive. | Further prosecution is fundamentally unfair given multiple trials and diminished evidence (lyrics excluded). | Affirmed: Court applied Abbati factors and found no fundamental unfairness warranting dismissal. |
| Weight of the evidence / sufficiency & sentencing under N.J.S.A. 2C:43-6(c) | Evidence (victim ID, phone at scene, phone records, ballistics) supported convictions and the finding defendant was armed; extended term statutorily appropriate. | Verdict against weight of evidence; prior acquittal on weapon possession should preclude extended term. | Affirmed: No miscarriage of justice; convictions supported and extended-term sentence was properly imposed. |
Key Cases Cited
- Green v. United States, 355 U.S. 184 (Double jeopardy protects against repeated prosecutions but allows retrial after mistrial or reversal for trial error)
- Justices of Boston Mun. Court v. Lydon, 466 U.S. 294 (continuing jeopardy concept and retrial after reversal or mistrial)
- Burks v. United States, 437 U.S. 1 (retrial forbidden when conviction reversed for insufficiency of evidence)
- Yeager v. United States, 557 U.S. 110 (scope of collateral estoppel where acquittals and hung counts occur)
- Ashe v. Swenson, 397 U.S. 436 (collateral estoppel from prior jury acquittal on ultimate facts)
- Powell v. United States, 469 U.S. 57 (inconsistent verdicts and limits on judicial correction)
- State v. Kelly, 201 N.J. 471 (New Jersey on collateral estoppel, inconsistent verdicts, and retrial limits)
- State v. Abbati, 99 N.J. 418 (factors for dismissing an indictment on fundamental fairness grounds)
- State v. Tropea, 78 N.J. 309 (retrial allowed where reversal stems from trial error rather than failure of proof)