by Fred Sisto | Jan 30, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On June 16, 2022, the New Jersey Supreme Court decided the Essex County case of State v. Rahee Lane. The principal issue under N.J.S.A. 2C:44-1 was whether the youthful defendant mitigating factor had retroactive or prospective application. Justice Patterson wrote for...
by Fred Sisto | Jan 28, 2023 | Blog, Criminal Law, Drug Crime, Marijuana, Monmouth County, New Jersey, Ocean County
The Appellate Division concluded with the following in relevant part: If the Legislature intended to repeal or amend, N.J.S.A. 2C:43-12(g)(1), N.J.S.A. 2C:43-21(d), N.J.S.A. 2C:2C:52- 20, N.J.S.A. 2C:52-27(b), or overrule Rules 3:28-1(c)(1) and -5(a), it would have...
by Fred Sisto | Jan 26, 2023 | Blog, Criminal Law, Drug Crime, Marijuana, Monmouth County, New Jersey, Ocean County
Judge Mawla continued in relevant part: For these reasons, the holdings in the Middlesex cases cannot stand because they are contrary to the language in the controlling statutes. “A statute cannot be interpreted to abrogate existing law by implication...
by Fred Sisto | Jan 24, 2023 | Blog, Criminal Law, Drug Crime, Marijuana, Monmouth County, New Jersey, Ocean County
The Appellate Division continued in relevant part: When a law “has two distinct sections dealing with related matters, amendment to one section is not an amendment to others because it is presumed that if the Legislature had intended an amendment to apply to...
by Fred Sisto | Jan 22, 2023 | Blog, Criminal Law, Drug Crime, Marijuana, Monmouth County, New Jersey, Ocean County
On June 9, 2022, a three-judge appellate panel decided the consolidated Middlesex and Morris County cases of State v. Richard Gomes. The principal issue before the Court under N.J.S.A. 2C:43-12 was whether marijuana reform legislation was whether a past diversionary...