MUNICIPAL COURT LAW REVIEW FALL 2008 eMac Room 2 Sept. 30, 2008 1. 5 Year Post Conviction Limit can be Relaxed in DWI. State v. Bringhurst 401 NJ Super. 421 (App. Div. 2008) The court concluded that postconviction relief (PCR) petitions brought pursuant to State v. Laurick, 120 N.J. 1, cert. denied, 498 U.S. 967, 111 S. Ct. 429, 112 L. Ed.2d 413 (1990), must comply with Rule 7:102, and are subject to the fiveyear limit contained in Rule 7:102 (g)(2). However, those time limits may be relaxed to prevent an injustice. Because a Laurick PCR cannot be brought until there is a second or subsequent DWI conviction, the time bar should not mechanically be applied to deny the petition. However, to obtain the benefit of relaxation of the time limit, a defendant must put forth a prima facie case for relief in his petition itself. In this case, where defendant's prior, uncounseled conviction was allegedly rendered ten years earlier, he failed to put forth a prima facie case for relief Therefore, its denial was appropriate. 2. If Miranda not Honored, Statement Suppressed. State v. BurnoTaylor 400 NJ Super. 581 (App. Div. 2008) Because defendant's right to remain silent was not scrupulously honored, the trial court should have granted defendant's motion to suppress his statement. 3. No Privacy on Work Computer. State v. M.A. 402 NJ Super. 353 (App. Div. 2008) Defendant stole over $650,000 from his employer. A warrantless search of two workplace computers, conducted pursuant to the employer's consent, revealed evidence confirming the theft. Defendant appeals from the denial of his motion to suppress evidence seized from the computers, contending that he had a right to privacy in the personal information he stored in the computers. We concluded defendant had no reasonable expectation of privacy under the Fourth Amendment or the New Jersey Constitution in the contents of the computers, including the personal information.
4. Juveniles can be Included on Prohibited List on Public Housing. In the Interest of X.B. 402 NJ Super. 23 (App. Div. 2008)