Criminal Law Blog
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...
Endangering an Injured Victim
On February 7, 2025, a three-judge appellate panel decided the Somerset County case of State v. Cindy Keogh. The principal issue under N.J.S.A. 2C:12-1.2 whether a “Endangering an Injured Victim” charge could be based on a delay in calling 9-1-1. The case involved a...
Passion Provocation and Jury Findings
On January 23, 2025, a three-judge appellate panel decided the Essex County case of State v. Stephanie Martinez. The principal issue under N.J.S.A. 2C:3-4 concerned the propriety of a passion provocation manslaughter conviction when a jury also found that the State...
The Persistent Offender Statute and Jury Determinations (Part 3)
The Appellate Division concluded with the following in relevant part: While we are mindful of the administrative burdens that will result from remanding a potentially large number of pipeline cases for new jury trials, we are not prepared to hold that the defendants...
The Persistent Offender Statute and Jury Determinations (Part 2)
The Appellate Division continued in relevant part: Based on the opinion's clear directive, we are reticent to conclude that the Erlinger majority meant for the constitutional rights recognized in Apprendi and its progeny to be treated essentially as a second-class...