Criminal Law Blog
The Prior Domestic Violence Aggravating Factor
On September 29, 2025, a three-judge appellate panel decided the Monmouth County case of State v. R.A.M. The principal issue under N.J.S.A. 2C:44-1 concerned the applicability of aggravating factor 15 to a domestic violence conviction. Judge Perez Friscia wrote for...
Ghost Guns
On August 12, 2025, a three-judge appellate panel decided the Mercer County case of State v. Malihki Oliver. The principal issue under N.J.S.A. 2C:1-3 concerned the legality of transporting and assembling “ghost gun” kits in New Jersey that were legally purchased in...
Graves Act Waivers and Standards of Review
On August 6, 2025, a unanimous New Jersey Supreme Court decided the Salem County case of State v. Delshon Taylor. The principal issue under N.J.S.A. 2C:43-6.2 concerned the standard of review of a prosecutor’s denial of a Graves Act waiver. Justice Pierre-Louis, my...
Recovery Court and Juvenile Adjudication Expungements
On July 30, 2025, a three-judge appellate panel decided the Cape May County case of In the Matter of the Expungement of the Criminal/Juvenile Records of P.L. The principal issue under N.J.S.A. 2C:52-1 concerned whether a Recovery Court graduate could have a juvenile...
Immigration Consequences and the Effective Assistance of Counsel
On July 22, 2025, a 5-2 majority of the New Jersey Supreme Court decided the Ocean County case of State v. Juan Hernandez-Peralta. The principal issue under N.J.S.A. 2C:43-2 concerned whether counsel was ineffective for not informing the defendant of immigration...
Megan’s Law Termination Considerations
On July 7, 2025, a three-judge appellate panel decided the Middlesex County case of In Re Registrant S.O. The principal issue under N.J.S.A. 2C:7-2 concerned the proper considerations under the “public safety prong” for evaluating a motion to terminate Megan’s Law and...
Adverse Inferences and FRO Testimony
On May 27, 2025, the New Jersey Supreme Court decided the Passaic County case of M.A. v. J.H.M. The principal issue under N.J.S.A. 2C:25-29 concerned whether a trial court can draw an adverse inference from a defendant’s refusal to testify at a Final Restraining Order...
Self-Defense and the Castle Doctrine
On May 6, 2025, a unanimous New Jersey Supreme Court decided the Mercer County case of State v. John Bragg. The principal issue under N.J.S.A. 2C:3-4 concerned self-defense and whether the jury was properly instructed on the “castle doctrine.” Chief Justice Rabner...
The Overdose Protection Act and Suicidal Ideation
On April 29, 2025, a three-judge appellate panel decided the Cape May County case of State v. C.C.W. The principal issue under N.J.S.A. 2C:35-31 was whether immunity for drug possession under the Overdose Protection Act is available when the defendant can prove that...
Attempted Murder Mind State
On April 11, 2025, a three-judge appellate panel decided the Bergen County case of State v. Mohammad Ramadan. The principal issue under N.J.S.A. 2C:5-1 concerned whether the attempted murder indictment should be dismissed because of the prosecutor’s inconsistent...