by Fred Sisto | Apr 13, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The Appellate Division continued in relevant part: To accept the State’s theory that a caretaker’s assault of a protected person constitutes neglect, abandonment, desertion, or a failure to act, we would have to twist the Legislature’s words beyond...
by Fred Sisto | Apr 11, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On February 14, 2022, a three-judge appellate panel decided the Bergen County case of State v. M.K.P. The principal issue under N.J.S.A. 2C:24-8 was whether under the circumstances, the caretaker’s assault of her elderly mother constituted the crime of elder neglect....
by Fred Sisto | Apr 9, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Solomon and the 5-2 majority concluded with the following in relevant part: Finally, we reject the ACDL’s argument that constitutional principles of fundamental fairness preclude juvenile convictions from being counted as predicate offenses under the...
by Fred Sisto | Apr 7, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Justice Solomon continued in relevant part: Defendant also contends that, by counting juvenile-age crimes as predicate offenses, the Three Strikes Law deprives the offender of a meaningful opportunity to rehabilitate and reenter society as contemplated...
by Fred Sisto | Apr 5, 2022 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Nor do defendant and amici’s arguments regarding legislative intent, the requirements of Miller and Zuber, or other constitutional principles militate in favor of vacating defendant’s sentence. Defendant attributes significance to the fact that the...