The Appellate Division concluded with the following in relevant part: Finally, we reject the court's conclusion that defendants not subject to incarceration would have no incentive to succeed in Recovery Court. Bishop, upon which it relied, made clear that it "did not...
The Appellate Division continued in relevant part: The court also placed undue emphasis on the conviction for which the person is being sentenced. As the Manual makes clear, early intervention is encouraged and the court may admit a person to Recovery Court without a...
On July 3, 2024, a three-judge appellate panel decided the Middlesex County case of State v. Matrongolo. The principal issue under N.J.S.A. 2C:35-14 concerned whether people charged with disorderly persons offenses are eligible for Recovery Court. Judge Natali wrote...
Justice Fasciale concluded with the following in relevant part: Furthermore, we do not foreclose the possibility that the State may satisfy its burden of proof by relying solely on an Avenel report that found the registrant's conduct to be a pattern of repetitiveness...
Justice Fasciale continued in relevant part: Similarly, in the post-conviction context, a defendant seeking post-conviction relief (PCR) may be entitled to an evidentiary hearing upon a showing that "there are material issues of disputed fact that cannot be resolved...
On July 2, 2024, the New Jersey Supreme Court decided the Camden County case of In the Matter of Registrant R.S. The principal issue under N.J.S.A. 2C:7-13 concerned the prerequisites for a sex offender to obtain an evidentiary hearing on their Megan’s Law internet...
Chief Justice Roberts continued in relevant part: Historical evidence likewise lends little support to Trump’s position. The Federalist Papers on which Trump relies concerned the checks available against a sitting President; they did not endorse or even consider...
The United States Supreme Court majority continued in relevant part: The indictment also contains various allegations regarding Trump’s conduct in connection with the events of January 6 itself. The alleged conduct largely consists of Trump’s communications in the...
The Supreme Court continued in relevant part: The question then becomes whether that presumption of immunity is rebutted under the circumstances. It is the Government’s burden to rebut the presumption of immunity. The Court therefore remands to the District Court to...
The Supreme Court continued in relevant part: The Executive Branch has “exclusive authority and absolute discretion” to decide which crimes to investigate and prosecute, including with respect to allegations of election crime. Nixon, 418 U. S., at 693. And the...