Criminal Law Blog
Physical Evidence and Reciprocal Discovery (Part 2)
The sought-after affidavit is physical evidence of the crimes of witness tampering and kidnapping for which defendant and others have been charged. It is therefore subject to reciprocal discovery under Rule 3:3-13(b)(2)(B) and (D). Rule 3:13-3 codifies New Jersey’s...
Physical Evidence and Reciprocal Discovery (Part 1)
On March 5, 2024, the New Jersey Supreme Court decided the case of State v. Isaiah J. Knight. The principal issue concerned the circumstances under which the defense can be compelled to turn over reciprocal discovery to the prosecution. Justice Pierre-Louis, my...
Property Forfeiture and Due Process (Part 3)
Justice Kavanaugh concluded with the following in relevant part: Similarly, petitioners’ contention that Mathews v. Eldridge, 424 U. S. 319, should govern petitioners’ request for a preliminary hearing fails given that this Court decided $8,850 and Von Neumann after...
Property Forfeiture and Due Process (Part 2)
The Supreme Court majority continued in relevant part: The Court’s decisions in $8,850 and Von Neumann make crystal clear that due process does not require a separate preliminary hearing to determine whether seized personal property may be retained pending the...
Property Forfeiture and Due Process (Part 1)
On May 9, 2024, the United States Supreme Court decided the case of Culley v. Marshall. The principal issue related to N.J.S.A. 2C:64-1 was whether a preliminary retention hearing was required when the police seize property in furtherance of a civil forfeiture case....
The Standard for a Protective Order for a Sexual Assault Victim (Part 2)
The Court continued in relevant part: "Our courts have recognized that, in sexual assault cases, 'the well-being of victims demands heightened protection' because there is a 'likelihood of emotional trauma and mental distress.'" State v. Chambers (2023) (omission in...
The Standard for a Protective Order for a Sexual Assault Victim (Part 1)
On April 22, 2024, the New Jersey Supreme Court decided the case Gloucester County case of C.R. v. M.T. The principal issue under N.J.S.A. 2C:14-16 concerned the standard for issuance of a final protective order under the Sexual Assault Survivor Protection Act....
Restoring Competency and Forced Medication
On April 8, 2024, a three-judge appellate panel decided the Somerset County case of State v. J.H.P. The principal issue under N.J.S.A. 2C:4-4 concerned whether the State could compel a defendant to take medication to restore their competency. Judge Rose wrote for the...
Predicate Offenses for Promoting Organized Street Crime (Part 2)
The unanimous New Jersey Supreme Court concluded with the following in relevant part: The State argues that the additional "conspiracy" language was merely superfluous and did not amplify the meaning of the charge or the jury instruction -- essentially "a stutter in...
Predicate Offenses for Promoting Organized Street Crime (Part 1)
On March 27, 2024, the New Jersey Supreme Court decided the Union County case of State v. Kalil Cooper. The principal issue under N.J.S.A. 2C:33-30 was whether conspiracy to distribute a controlled substance could be used a predicate offense for promoting organized...