Justice Wainer Apter continued in relevant part: The State did not assert that defendant was guilty of violating N.J.S.A. 2C:12-3 because he told the police they were "causing too much chaos over here for nothing"; because he called Officer Healey "the f---ing devil";...
The New Jersey Supreme Court continued in relevant part: Defendant argues that a mens rea of recklessness could "fall short in prosecutions for abrasively criticizing officials in positions of power, who are often stand-ins for displeasure at the government" and "in...
The New Jersey Supreme Court continued in relevant part: A person acts recklessly with respect to a material element of an offense when he consciously disregards a substantial and unjustifiable risk that the material element exists or will result from his conduct. The...
On January 16, 2024, the New Jersey Supreme Court decided the Monmouth County case of State v. Calvin Fair. The principal issue under N.J.S.A. 2C:12-3 concerned the constitutionality of the terroristic threats statute under the First Amendment. Justice Wainer Apter...
The Morris County Law Division concluded with the following in relevant part: As for the second prong, defendant has been subjected to three evaluations since the initial criminal complaint was filed against defendant on July 20, 2020. Dr. McNiel's psycho-sexual...
The Court continued in relevant part: As for the first prong, defendant initially was charged with: (i) four counts of second degree sexual assault on a minor in violation of N.J.S.A. 2C:14-2(b), each a crime in the second degree; (ii) one count of child endangerment...
The Morris County Law Division continued in relevant part: Nevertheless, assuming arguendo that one can equate the constitutionality of involuntary education with involuntary medication, this court rejects that Sell permits the appointment of a Guardian / Guardian Ad...
On March 15, 2023, Judge Franzblau of the Morris County Superior Court decided the case of State v. J.D. The principal issue before the Court under N.J.S.A. 2C:4-4 concerned whether the State could appoint a guardian to assist the defendant in attaining competence to...
Chief Justice Rabner concluded with the following in relevant part: Although the Court cautions against it, if prosecutors or investigators show witnesses the same or new photos of a defendant during trial preparation, under the belief there is good reason to do so,...
The New Jersey Supreme Court continued in relevant part: Against the background of Henderson and persuasive case law, the Court finds no reason to treat impermissibly suggestive identification events during pretrial preparation differently than other identification...