On August 19, 2024, a three-judge appellate panel decided the Somerset County case of State v. Arthur Wildgoose. The principal issue under N.J.S.A. 2C:14-2 concerned the constitutionality of the prosecution’s refusal to extend a pre-indictment offer in light of its...
Judge Puglisi concluded with the following in relevant part: While M.L.'s Scale score was properly computed, the judge nevertheless had the obligation to determine whether, given the individual facts of the case, the notification attendant to that tier was...
On August 16, 2024, a three-judge appellate panel decided the Burlington County case of I.M.O Registrant M.L. The principal issue under N.J.S.A. 2C:7-8 concerned whether the State could request a modification to the sex offender notification tier when the assessment...
The New Jersey Supreme Court concluded in relevant part: Once the corresponding entry is located within Exhibit S-152, the prosecutor is to “copy and paste” that row of data into a new document. The AIR number from that entry must then be compared against the Dennis...
Justice Noriega continued in relevant part: The Special Adjudicator filed a comprehensive 370-page report detailing his findings of fact and conclusions of law, which the Court summarizes. The parties largely agree with the Special Adjudicator’s findings and...
On August 8, 2024, the New Jersey Supreme Court decided the Ocean County case of State v. Zingis. The principal issue concerned the procedure for challenging Trooper Dennis cases through post-conviction relief proceedings during the pendency of a subsequent DWI...
The New Jersey Supreme Court continued in relevant part: We concur with the Appellate Division that it might not be possible for the Division to make the required showing in a different set of circumstances, such as a setting involving an older child who has not...
On July 31, 2024, the New Jersey Supreme Court decided the Monmouth County case of N.J. Division of Child Protection and Permanency v. A.P. The principal issue under N.J.S.A. 2C:52-1 concerned whether D.C.P. and P could use the defendant’s expunged records in their...
The Appellate Division concluded with the following in relevant part: The State of New Jersey Domestic Violence Procedures Manual issued under the authority of the Supreme Court and the Attorney General acknowledges courts are permitted to "proceed with the FRO...
The PDVA provides: If a criminal complaint arising out of the same incident which is the subject matter of a complaint brought under the PDVA has been filed, testimony given by the plaintiff or defendant in the domestic violence matter shall not be used in the...