The Supreme Court majority continued in relevant part: Statutory history is an important part of the relevant context. When Congress enacted in 1885 what would become the template for clause (iv), it criminalized “knowingly assisting, encouraging or soliciting”...
The United States Supreme Court majority continued in relevant part: Neither requires lending physical aid; for both, words may be enough. And both require an intent to bring about a particular unlawful act. The terms “encourage” and “induce,” found in clause (iv),...
On June 23, 2023, the United States Supreme Court decided the case of U.S. v. Helaman Hansen. The principal issue before the Court concerned the constitutionality of a statute concerning the inducement of an alien to unlawfully enter the United States. Justice Barrett...
Justice Faciale continued in relevant part: The Parole Board and Appellate Division concluded that the language “include, among other things,” in (b)(1)(a) should be read expansively to authorize the requirement that Williams reside at the RTP. In J.K. v. State Parole...
The New Jersey Supreme Court continued in relevant part: The Parole Board cannot mandate participation in an RTP for inmates administratively paroled under the EYWO Act. Although N.J.S.A. 30:4-123.59 generally authorizes the Parole Board to impose parole conditions on...
On August 3, 2023, the New Jersey Supreme Court decided the case of Leander Williams v. New Jersey State Parole Board. The principal issue concerned whether the parole board could mandate participation in adult residential treatment program for inmates paroled under...
Justice Noriega filed a dissenting opinion. He wrote that the majority expanded the previously narrow abandonment exception to New Jersey’s automatic standing rule by making abandonment synonymous with flight. In Justice Noriega’s view, it is a step backwards in New...
Justice Solomon continued in relevant part: In Johnson, the Court held that the defendant had not surrendered his standing to challenge the search of a bag solely because he had disclaimed ownership, given that the bag was in an apartment with five occupants and could...
The New Jersey Supreme Court majority continued in relevant part: While other officers chased and arrested defendant, one officer secured and searched the suitcase at the entrance of the station, revealing the contraband. Defendant was charged with possessory offenses...
On January 17, 2024, the New Jersey Supreme Court decided the Essex County case of State v. Curtis Gartrell. The principal issue before the Court concerned whether the defendant had standing to challenge the search of property that the police searched without a...