The Moorer Court continued: Thus, a party seeking a lesser-included offense charge must show "(1) that the requested charge satisfies the definition of an included offense set forth in N.J.S.A. 2C:1-8d, and (2) that there is a rational basis in the evidence to support...
Legal Procedures
Lesser Included Offenses: Part 1
In State v. Moorer, Docket No. a-2922-14 (App. Div. 2016), a Salem County case decided on December 29, 2016, the Appellate Division was called upon to interpret N.J.S.A. 2C:1-8, concerning permissible methods of prosecution when conduct constitutes more than one...
Multiple Discretionary Extended Terms: Part 2
The New Jersey Supreme Court continued: Subsection (a) of N.J.S.A. 2C:44-5 provides that "not more than one sentence for an extended term shall be imposed." Subsection b provides that, "when a defendant who has previously been sentenced to imprisonment is subsequently...
Multiple Discretionary Extended Terms: Part 1
On January 23, 2017, Justice Timpone wrote for a unanimous New Jersey Supreme Court in the case of State v. Rodney Bull. The central issue was whether State v. Hudson’s prohibiting a second discretionary extended-term for an offense committed before the first...
Pretrial Risk-Assessment Process
“One of the most critical innovations under-girding the entire reform initiative is that this predictive process henceforth will be informed by an objective pretrial risk-assessment process that has been designed and validated through empirical research. See N.J.S.A....
Competence and The Insanity Defense (Part 2)
The insanity defense allows the court to determine whether one with mental illness should be held criminally responsible for his or her conduct under the standard stated in N.J.S.A. 2C:4-1. It is an affirmative defense that defendant must specifically invoke. If the...
Competence and The Insanity Defense (Part 1)
In the case of State v. June Gorthy, decided on September 28, 2016, the New Jersey Supreme Court unanimously reversed the lower appellate court and Ocean County trial court in holding that a trial court cannot invoke the insanity defense over the objection of a...
Elements of Hindering Apprehension (Part 2)
At trial, M.W. testified that everything she told the law enforcement investigators on September 23, 2010, was the truth. Defendant's text messages did not have any effect on M.W.'s account of the events that occurred that day; nor did defendant's texts influence the...
Elements of Hindering Apprehension (Part 1)
The second principle issue addressed in State v. Ravi was whether a defendant is entitled to a judgment of acquittal on a charge of hindering one's own apprehension under 2C:29-3b(3) when there is no evidence that he used any force, intimidation, or deception to...
Lunsford Phone Records Decision
On August 1, 2016, the New Jersey Supreme Court decided the case of State v. Lunsford. In a 5-2 decision, the Court held that telephone billing records should be available to police based on a showing of relevance, as opposed to the higher “probable cause” standard...