Criminal Law Blog
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...
Confrontation Clause Cases (Part 46)
The Appellate Division concluded with the following in relevant part: A defendant's "slurred speech, loud and abrasive behavior, disheveled appearance, red and bloodshot eyes and strong odor of alcoholic beverage on his breath are sufficient to sustain a conviction...
Confrontation Clause Cases (Part 45)
The Court continued in relevant part: Apart from notice-demand requirements, we also believe it worthwhile for the Legislature or the relevant Supreme Court Committees to explore means of abating the time and travel burdens upon nurses, chemists and other third-party...
Confrontation Clause Cases (Part 44)
The Appellate Division continued in relevant part: The Supreme Court in Miller did interpret N.J.S.A. 2C:35-19(c) in a manner which excised the statute's additional proviso that the party objecting to the admission of the lab certificate identify his or her "specific...
Confrontation Clause Cases (Part 43)
The three-judge panel continued in relevant part: In making these general observations, we by no means intimate in this case that defense counsel's insistence upon the presence of lab chemist Messana and of hospital worker Gallant at his client's DWI trial was...
Confrontation Clause Cases (Part 42)
The Court continued in relevant part: The Legislature was acutely conscious of these burdens when it adopted N.J.S.A. 2A:62A-10 and 11. Through this statute the Legislature sought to encourage medical professionals who draw blood from DWI suspects to cooperate with...