New Jersey v. Pinkston

by
The police spotted defendant Leo Pinkston in a car that matched the general description of a vehicle used in a shooting. The officers “activated their lights and sirens.” Defendant allegedly “disregarded” the lights and sirens and drove off. Ultimately, defendant struck another car, and both vehicles collided with a light pole and caught on fire. Defendant was charged with second-degree eluding and second-degree aggravated assault while eluding. Pretrial Services recommended against defendant’s release, and the State moved to detain defendant. Defense counsel asked for an adjournment to obtain additional discovery and subpoena police officers to testify at the hearing. The trial court denied defendant’s request. After considering the complaint, affidavit of probable cause, Public Safety Assessment, Preliminary Law Enforcement Incident Report, and the arguments of counsel, the court concluded that: (1) probable cause existed; and (2) clear and convincing evidence established that defendant should be detained. The Appellate Division affirmed the finding of probable cause and order of detention. Shortly before this appeal to the New Jersey Supreme Court was argued, defendant pled guilty, and the State moved to dismiss as moot. The Supreme Court determined hat defendants have a qualified right to call adverse witnesses at detention hearings. However, Pinkston pled guilty; the Supreme Court did not review the trial court's decision to detain him pretrial. This appeal was dismissed as moot. View "New Jersey v. Pinkston" on Justia Law