The Court concluded with the following in relevant part: The equal protection analysis "under the New Jersey Constitution slightly differs from the analysis of those fundamental rights under the United States Constitution. When a statute is challenged on the ground...
Judge Natali continued in relevant part: The Court therefore distinguished subsection (f), as it explained: Subsection (f) of N.J.S.A. 2C:7-2 subjects all sex offenders, including juveniles, to presumptive lifetime registration and notification requirements. Unlike...
The Appellate Division continued in relevant part: Doe recognized the registration and community notification requirements "implicate protectible liberty interests in privacy and reputation, and therefore trigger the right to due process. The minimum requirements of...
On May 25, 2023, a three-judge appellate panel decided the Somerset County case of In the Matter of Registrant M.H. The principal issue before the Court under N.J.S.A. 2C:7-2 concerned the constitutionality of denying release from Megan’s Law due to the offender’s...
The Appellate Division continued: Arlo argues N.J.S.A. 2C:52-14, which does not apply to an expungement pursuant to N.J.S.A. 2C:52-6, provides: A petition for expungement filed pursuant to this chapter shall be denied when . . . d. The arrest or conviction sought to...
On May 4, 2023, a three-judge appellate panel decided the Monmouth County case of DCP&P v. A.P. The principal issue under N.J.S.A. 2C:52-1 was whether the DCP&P could use the defendant’s expunged records in a child abuse case. Judge Berdote Byrne wrote for the...
On May 3, 2023, a three-judge appellate panel decided the Gloucester County case of In the Matter of Registrant R.H. The principal issue under N.J.S.A. 2C:7-2 was whether the fifteen-year offense free requirement for Megan’s Law termination applied to juvenile...
The Appellate Division concluded with the following: Finally, after it denied the FRO, the court sought to impose a minimum distance requirement between the parties during their son's sporting events and designate defendant's father as the primary point of contact for...
After a court finds a predicate act of domestic violence under Silver, the second inquiry "is whether the court should enter a restraining order that provides protection for the victim." The second inquiry "is most often perfunctory and self-evident," and "the guiding...
On April 6, 2023, a three-judge appellate panel decided the Camden County case of J.D. v. A.M.W. The principal issue before the Court under N.J.S.A. 2C:25-29 concerned the “necessity” requirement of a final restraining order (FRO). Judge Smith wrote for the Appellate...