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Competency and Forced Education (Part 4)

Competency and Forced Education (Part 4)

by Fred Sisto | Feb 9, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

The Morris County Law Division concluded with the following in relevant part: As for the second prong, defendant has been subjected to three evaluations since the initial criminal complaint was filed against defendant on July 20, 2020. Dr. McNiel’s psycho-sexual...
Competency and Forced Education (Part 4)

Competency and Forced Education (Part 3)

by Fred Sisto | Feb 7, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

The Court continued in relevant part: As for the first prong, defendant initially was charged with: (i) four counts of second degree sexual assault on a minor in violation of N.J.S.A. 2C:14-2(b), each a crime in the second degree; (ii) one count of child endangerment...
Competency and Forced Education (Part 4)

Competency and Forced Education (Part 2)

by Fred Sisto | Feb 5, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

The Morris County Law Division continued in relevant part: Nevertheless, assuming arguendo that one can equate the constitutionality of involuntary education with involuntary medication, this court rejects that Sell permits the appointment of a Guardian / Guardian Ad...
Competency and Forced Education (Part 4)

Competency and Forced Education (Part 1)

by Fred Sisto | Feb 3, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

On March 15, 2023, Judge Franzblau of the Morris County Superior Court decided the case of State v. J.D. The principal issue before the Court under N.J.S.A. 2C:4-4 concerned whether the State could appoint a guardian to assist the defendant in attaining competence to...
Trial Preparation and Identification Procedures (Part 5)

Trial Preparation and Identification Procedures (Part 5)

by Fred Sisto | Feb 1, 2024 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

Chief Justice Rabner concluded with the following in relevant part: Although the Court cautions against it, if prosecutors or investigators show witnesses the same or new photos of a defendant during trial preparation, under the belief there is good reason to do so,...
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