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...
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...
On March 31, 2025, a three-judge appellate panel decided the Camden County case of State v. Frank Amang. The principal issue under N.J.S.A. 2C:12-1 concerned whether the trial court’s response to a jury question regarding corporal punishment and parental authority was...
On March 20, 2025, a three-judge appellate panel decided the Morris County case of State v. Ahjhir Jones. The principal issue under N.J.S.A. 2C:35-14 concerned the defendant’s Recovery Court application after he pleaded guilty to a gun charge. Judge Natali wrote for...
Decided On March 14, 2025, a three-judge appellate panel decided the Middlesex County case of State v. Thomas Canales. The principal issue under N.J.S.A. 2C:1-9 concerned whether the defendant could be tried again after his two trials ended in a hung jury and an...
On February 7, 2025, a three-judge appellate panel decided the Somerset County case of State v. Cindy Keogh. The principal issue under N.J.S.A. 2C:12-1.2 whether a “Endangering an Injured Victim” charge could be based on a delay in calling 9-1-1. The case involved a...
The Appellate Division concluded with the following in relevant part: While we are mindful of the administrative burdens that will result from remanding a potentially large number of pipeline cases for new jury trials, we are not prepared to hold that the defendants...
The Appellate Division continued in relevant part: Based on the opinion's clear directive, we are reticent to conclude that the Erlinger majority meant for the constitutional rights recognized in Apprendi and its progeny to be treated essentially as a second-class...
On November 27, 2024, a three-judge appellate panel decided the Atlantic County case of State v. Jamel Carlton. The principal issue under N.J.S.A. 2C:44-3 concerned to application of New Jersey’s persistent offender sentencing statue in light of the U.S. Supreme...
On December 20, 2024, a three-judge appellate panel decided the Essex County case of State v. Jeremy Arrington. The principal issue under N.J.S.A. 2C:4-1 concerned whether a defendant could testify to their alleged insanity without accompanying expert testimony....