Criminal Law Blog
Immigration Consequences and the Effective Assistance of Counsel
On July 22, 2025, a 5-2 majority of the New Jersey Supreme Court decided the Ocean County case of State v. Juan Hernandez-Peralta. The principal issue under N.J.S.A. 2C:43-2 concerned whether counsel was ineffective for not informing the defendant of immigration...
Megan’s Law Termination Considerations
On July 7, 2025, a three-judge appellate panel decided the Middlesex County case of In Re Registrant S.O. The principal issue under N.J.S.A. 2C:7-2 concerned the proper considerations under the “public safety prong” for evaluating a motion to terminate Megan’s Law and...
Adverse Inferences and FRO Testimony
On May 27, 2025, the New Jersey Supreme Court decided the Passaic County case of M.A. v. J.H.M. The principal issue under N.J.S.A. 2C:25-29 concerned whether a trial court can draw an adverse inference from a defendant’s refusal to testify at a Final Restraining Order...
Self-Defense and the Castle Doctrine
On May 6, 2025, a unanimous New Jersey Supreme Court decided the Mercer County case of State v. John Bragg. The principal issue under N.J.S.A. 2C:3-4 concerned self-defense and whether the jury was properly instructed on the “castle doctrine.” Chief Justice Rabner...
The Overdose Protection Act and Suicidal Ideation
On April 29, 2025, a three-judge appellate panel decided the Cape May County case of State v. C.C.W. The principal issue under N.J.S.A. 2C:35-31 was whether immunity for drug possession under the Overdose Protection Act is available when the defendant can prove that...
Attempted Murder Mind State
On April 11, 2025, a three-judge appellate panel decided the Bergen County case of State v. Mohammad Ramadan. The principal issue under N.J.S.A. 2C:5-1 concerned whether the attempted murder indictment should be dismissed because of the prosecutor’s inconsistent...
Terroristic Threats and Statutory Interpretation
On April 2, 2025, a three-judge appellate panel decided the Camden County case of State v. Nathaniel Russell. The principal issues concerned interpretations of the terroristic threats statute, N.J.S.A. 2C:12-3. Presiding Judge Mawla wrote for the Court in relevant...
Simple Assault and Corporal Punishment
On March 31, 2025, a three-judge appellate panel decided the Camden County case of State v. Frank Amang. The principal issue under N.J.S.A. 2C:12-1 concerned whether the trial court’s response to a jury question regarding corporal punishment and parental authority was...
Recovery Court and Gun Charges
On March 20, 2025, a three-judge appellate panel decided the Morris County case of State v. Ahjhir Jones. The principal issue under N.J.S.A. 2C:35-14 concerned the defendant’s Recovery Court application after he pleaded guilty to a gun charge. Judge Natali wrote for...
Serial Sex Offense Allegations and Retrials
Decided On March 14, 2025, a three-judge appellate panel decided the Middlesex County case of State v. Thomas Canales. The principal issue under N.J.S.A. 2C:1-9 concerned whether the defendant could be tried again after his two trials ended in a hung jury and an...