Criminal Law Blog
Bribes and Gratuities (Part 1)
On June 26, 2024, the United States Supreme Court decided the case of Snyder v. United States. The principal issue concerned the distinction between bribes and gratuities regarding federal law as it pertains to local and state officials. Justice Kavanaugh wrote for...
Recovery Court and Disorderly Persons Offenses (Part 3)
The Appellate Division concluded with the following in relevant part: Finally, we reject the court's conclusion that defendants not subject to incarceration would have no incentive to succeed in Recovery Court. Bishop, upon which it relied, made clear that it "did not...
Recovery Court and Disorderly Persons Offenses (Part 2)
The Appellate Division continued in relevant part: The court also placed undue emphasis on the conviction for which the person is being sentenced. As the Manual makes clear, early intervention is encouraged and the court may admit a person to Recovery Court without a...
Recovery Court and Disorderly Persons Offenses (Part 1)
On July 3, 2024, a three-judge appellate panel decided the Middlesex County case of State v. Matrongolo. The principal issue under N.J.S.A. 2C:35-14 concerned whether people charged with disorderly persons offenses are eligible for Recovery Court. Judge Natali wrote...
Hearings to Contest Megans Law Classifications (Part 3)
Justice Fasciale concluded with the following in relevant part: Furthermore, we do not foreclose the possibility that the State may satisfy its burden of proof by relying solely on an Avenel report that found the registrant's conduct to be a pattern of repetitiveness...
Hearings to Contest Megans Law Classifications (Part 2)
Justice Fasciale continued in relevant part: Similarly, in the post-conviction context, a defendant seeking post-conviction relief (PCR) may be entitled to an evidentiary hearing upon a showing that "there are material issues of disputed fact that cannot be resolved...
Hearings to Contest Megans Law Classifications (Part 1)
On July 2, 2024, the New Jersey Supreme Court decided the Camden County case of In the Matter of Registrant R.S. The principal issue under N.J.S.A. 2C:7-13 concerned the prerequisites for a sex offender to obtain an evidentiary hearing on their Megan’s Law internet...
Presidential Immunity and Criminal Prosecutions (Part 9)
Chief Justice Roberts continued in relevant part: Historical evidence likewise lends little support to Trump’s position. The Federalist Papers on which Trump relies concerned the checks available against a sitting President; they did not endorse or even consider...
Presidential Immunity and Criminal Prosecutions (Part 8)
The United States Supreme Court majority continued in relevant part: The indictment also contains various allegations regarding Trump’s conduct in connection with the events of January 6 itself. The alleged conduct largely consists of Trump’s communications in the...
Presidential Immunity and Criminal Prosecutions (Part 7)
The Supreme Court continued in relevant part: The question then becomes whether that presumption of immunity is rebutted under the circumstances. It is the Government’s burden to rebut the presumption of immunity. The Court therefore remands to the District Court to...