A-1010-17
N.J. Super. Ct. App. Div.May 14, 2021Background
- On May 1, 2015, Andre Higgs shot and killed Latrena May on the front steps of her East Orange residence; Officer Kemon Lee returned fire, wounding Higgs. A patrol-car dash camera recorded parts of the encounter.
- Police later searched the building hallway and recovered a .45 caliber handgun in the foyer; Higgs was arrested and charged with murder and related weapons and drug offenses; a second indictment charged additional weapons counts.
- Higgs testified he had taken the gun from May, that he held it with his hands raised in a ‘‘surrendering position,’’ and that any discharge may have been involuntary after he was shot by Officer Lee. He denied remembering firing the gun.
- The State sought and obtained admission under N.J.R.E. 404(b) of a March 25, 2015 incident in which May told police Higgs had choked her; the trial court admitted the evidence as probative of intent/motive and absence of accident. The court denied suppression of the handgun found in the hallway.
- A jury convicted Higgs of murder and related counts; the trial court imposed life with NERA parole ineligibility plus additional terms. On appeal Higgs challenged (inter alia) the 404(b) ruling, the warrantless search, prosecutor argument, and sentencing. The Appellate Division affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of prior choking incident (N.J.R.E. 404(b)) | 404(b) evidence was admissible to rebut Higgs's claim that any shooting was accidental or involuntary and to show motive/intent | Admission was unduly prejudicial and improper because Higgs did not raise a state-of-mind/accident defense requiring such proof | Admitted: Cofield factors satisfied (relevance to material issue, similarity/time proximity, proof by clear and convincing evidence, probative value not outweighed by prejudice); Nance supports admission where defendant concedes involvement but claims accident |
| Validity of warrantless search and seizure of handgun in hallway | Warrantless re-entry/search was lawful because Higgs had no reasonable expectation of privacy in common hallway and emergency-aid/community-caretaking (and inevitable discovery) justified seizure | Search violated Fourth Amendment/State Constitution; exigency had ended and officers should have obtained a warrant | Search upheld: Higgs lacked expectation of privacy in common hallway; emergency-aid/community-caretaking doctrine applied (child welfare/weapon risk); inevitable discovery alternative affirmed |
| Prosecutor's summation and prejudice from 404(b) evidence | Summation was fair comment on properly admitted 404(b) evidence; jury instructions cured any risk of misuse | Summation was inflammatory and compounded prejudice from 404(b) evidence, warranting reversal | No plain error: defense did not object; jury instructions properly limited jury to specific purpose of 404(b) evidence and prevented unfair prejudice |
| Sentencing challenges (alleged failure to weigh factors, consecutive term) | Sentence was lawful and within judge's discretion | Judge failed to apply Code of Criminal Justice sentencing requirements; aggregate sentence excessive | Affirmed: appellate court found no basis to disturb the trial court's sentencing discretion on the record |
Key Cases Cited
- State v. Nance, 148 N.J. 376 (N.J. 1997) (prior bad acts admissible to rebut accidental-shooting defense and to prove motive/intent)
- State v. Cofield, 127 N.J. 328 (N.J. 1992) (articulating four-part test for admissibility of other-crimes evidence under N.J.R.E. 404(b))
- Mincey v. Arizona, 437 U.S. 385 (U.S. 1978) (no broad murder-scene exception to warrant requirement)
- State v. O'Donnell, 203 N.J. 160 (N.J. 2010) (continuing emergency entry and plain-view seizure principles; emergency-aid limits)
- State v. Bogan, 200 N.J. 61 (N.J. 2009) (police community-caretaking activities may justify warrantless entries when protecting the vulnerable)
- State v. Sanders, 320 N.J. Super. 574 (App. Div. 1999) (limits admission of other-crimes evidence when no logical connection to charged offense)
- State v. Penalber, 386 N.J. Super. 1 (App. Div. 2006) (occupants of multi-occupancy premises lack expectation of privacy in areas used by others)
- In re J.A., 233 N.J. 432 (N.J. 2016) (appellate review standard: defer to trial court factual findings supported by the record)