On February 6, 2020, a three-judge appellate panel decided the Middlesex county case of State v. Walek Dunlap. The principle issue under N.J.S.A 2C:35-14 was whether the sentencing court violated the holding in Apprendi when it found certain facts in aggravation of the defendant’s sentence for drug court violations. Judge Susswein wrote for the panel […]
Drug Court Acceptance Appeals
On June 3, 2019, the New Jersey Supreme Court decided the Camden County case of State v. Susan Hyland. The principal issue is whether the prosecution can appeal a trial court’s sentence of special probation (drug court) based on a finding that the defendant is not a danger to the community under N.J.S.A. 2C:35-14(a)(9). Justice […]
Successful Appeal of Sentencing Downgrade
On August 26, 2016, the Appellate Division upheld the decision of the Ocean County Criminal Presiding judge to impose a downgraded sentence in State v. Deborah Meehan. This was a case that I handled over many years at the trial level. While the State may attempt to appeal the Appellate Division decision to the New […]
Bail Pending Appeal (Part 2)
In general, the legitimate concern of the court with regard to setting bail is to ensure that the defendant will appear in court when required. State v. Johnson, 61 N.J. 361 (1972). More specifically, bail pending appeal shall be granted “if it appears that the case involves a substantial question which should be determined by […]
Bail Pending Appeal (Part 1)
Prison-bound defendants generally fall into two categories. The first category involves those who are convicted of a first or second degree crime. The second category deals with those whose prior records are bad and are therefore not amenable to probationary sentences, even though probation could otherwise be imposed for a third or fourth degree crime. […]
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