State v. Kornberger
16 A.3d 1107
N.J. Super. Ct. App. Div.2011Background
- Kornberger was convicted by juries in Camden County of second-degree sexual assault, second-degree attempted aggravated sexual assault, third-degree possession of a weapon for unlawful purpose, fourth-degree unlawful possession of a weapon, and first-degree attempted kidnapping, with an aggregate sentence of 15 years under the No Early Release Act.
- The N.D. assault occurred March 29, 2003; N.D. testified to being struck with a tire iron and restrained while the assailant attempted to remove her pants; she identified Kornberger at trial.
- Kornberger gave a lengthy confession detailing the attack and his intent to rape N.D.; the confession was redacted and played for the jury with a redacted transcript.
- DNA on the tire iron matched a sample from N.D. with a reasonable degree of scientific certainty; the evidence included expert testimony linking blood on the tire iron to N.D.
- After conviction in the N.D. case, Kornberger pled guilty to the attempted kidnapping of R.W. and reserved rights to appeal the Miranda denial.
- The trial court denied suppression of the confession after a Miranda hearing and later severed the N.D. and R.W. cases for trial; the ND trial proceeded first.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Voluntariness of confession | State: confession voluntary; admissible. | Kornberger: confession not voluntary; suppression required. | No reversible error; confession admissible. |
| Redaction of confession transcript | State: redaction preserved relevant material. | Kornberger: redaction violated fair trial by removing intent-relevant references. | No reversible error; other errors harmless. |
| Instruction on attempted aggravated sexual assault | State: proper charge; instructional structure acceptable. | Kornberger: improper/incorrect attempt instructions could mislead. | No reversible error; charge read as a whole supported conviction. |
| DNA/STR testing testimony | State: STR DNA testimony properly admitted. | Kornberger: improper reliance on STR method. | No reversible error; admission not basis for reversal. |
| Prosecutor's summation misconduct | State: no improper comments affecting outcome. | Kornberger: misconduct occurred during summation. | No reversible error; convictions affirmed. |
Key Cases Cited
- State v. Torres, 183 N.J. 554 (2005) (plain-error standard for jury-charge review)
- State v. Condon, 391 N.J. Super. 609 (App. Div. 2007) (charging error on attempted statutes; implications for theory of guilt)
- State v. Wilder, 193 N.J. 398 (2008) (overruling Christener; limits speculation about jury reasoning; focus on evidence for lesser offense)
- State v. Martin, 119 N.J. 2 (1990) (standard for evaluating complex jury instructions)
- State v. Driver, 38 N.J. 255 (1962) (Driver hearing procedures for suppression and transcript corrections)
- State v. Macon, 57 N.J. 325 (1971) (principles on prejudicial impact of trial errors)
- State v. Savage, 172 N.J. 374 (2002) (jury instruction context and standard of review)
- State v. Christener, 71 N.J. 55 (1976) (earlier standard on overcharging and jury consideration)