The Appellate Division concluded with the following in relevant part: In Thompson, the Court held that "a plain reading of N.J.S.A. 2C:1-6(c) requires the statute of limitations in cases involving DNA evidence to begin when the State possesses the physical evidence...
The Appellate Division continued in relevant part: Defendant allegedly committed the sexual assault on May 26, 1990. As already noted, there was a five-year limitations period applicable to that crime. The limitations period expired on May 27, 1995. Consequently, the...
On March 29, 2023, a three-judge appellate panel decided the Cape May County case of State v. Jerry Rosado. The principal issue under N.J.S.A. 2C:1-6 concerned whether the 2002 DNA-tolling amendment applied retroactively to a sexual assault that occurred in 1990....
The three-judge panel concluded with the following in relevant part: The recently amended version of N.J.S.A. 2C:58-3(c)(5) provides that no HPP or FPIC shall be issued "to any person where the issuance would not be in the interest of the public health, safety or...
Judge Geiger continued in relevant part: Considering these statutes in pari materia, the J.D. court reasoned: The expungement privilege, however, is not absolute. The holder of the privilege has discretion to determine whether to waive it. In the context of gun...
The Appellate Division continued in relevant part: The court's reference to the community caretaking doctrine is misplaced. "The community-caretaking doctrine represents a narrow exception to the warrant requirement." State v. Scriven (2016); State v. Diloreto (2004)....
Judge Geiger continued in relevant part: An appeal issue is moot if the appellant "is not entitled to any affirmative relief." Reilly v. AAA Mid-Atl. Ins. Co. of N.J. (2008). See also Redd v. Bowman (2015) ("An issue is 'moot when our decision sought in a matter, when...
The Appellate Division continued in relevant part: The facts in F.M. and Cordoma are readily distinguishable from this case. Appellant has no history of domestic violence. Accordingly, the forfeiture procedure codified in N.J.S.A. 2C:25-21(d)(3) does not apply. We...
On March 21, 2023, a three-judge appellate panel decided the Bergen County case of In the Matter of the Appeal of the Denial of M.U.'s Application for a Handgun. The first principle issue concerned the constitutionality of the denial of appellant’s permit to purchase...
Relevant caselaw and analysis regarding release from Parole Supervision for Life (PSL) is as follows: Under current law, a person who violates the terms or conditions of the special sentence of community supervision without good cause is guilty of a crime of the...