On August 6, 2019, the New Jersey Supreme Court decided the case of State v. William Liepe. The principal issue under N.J.S.A. 2C:44-5 was whether three consecutive sentences and an aggregate 32-year term for vehicular homicide and assault shocked the judicial...
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Competence and Forced Medication (Part 2)
The Appellate Division continued in relevant part: The federal circuit courts have differed on how to apply the first factor under Sell: some rely on the maximum sentence for the charges to evaluate if the crime is serious; others consider the defendant's probable...
Competence and Forced Medication (Part 1)
On July 31, 2019, a three-judge appellate panel decided the Somerset County case of State v. R.G. The principal issue under N.J.S.A 2C:4-4 was the standard for compelling a defendant to take anti-psychotic medication in order to make him competent to stand trial....
Bases for Aggravating Sentencing Factors (Part 2)
The 4-3 majority continued in relevant part: The trial court should have denied the State's request to consider evidence relevant to those charges, and should not have opined about the defendant's guilt with respect to those charges, while the charges remained...
Bases for Aggravating Sentencing Factors (Part 1)
On June 19, 2019, Justice Patterson wrote for a 4-3 majority of the New Jersey Supreme Court in the Essex County case of State v. Kareem Tillery. The principal issue was whether a sentencing judge could support the finding of aggravating factors with evidence of...
International Transfer of PSL
The Court held that it was error not to consider if appropriate supervision of J.S. could continue. In Sanchez v. N.J. State Parole Bd. (2006), we reversed a decision by the Parole Board denying petitioner's request to live in New York State. New York declined the...
International Transfer of PSL
On September 26, 2017, a three-judge appellate panel decided the case of J.S. v. New Jersey State Parole Board. The principle issue before the Court was whether the Parole Board acted arbitrarily when it denied a community supervision for life sex offender's "Petition...