Criminal Law Blog
Trial Preparation and Identification Procedures (Part 2)
The Court continued in relevant part: Finding no reason to treat impermissibly suggestive events during trial preparation differently from other suggestive identification procedures, the Court extends the relevant principles in Henderson to trial preparation sessions....
Trial Preparation and Identification Procedures (Part 1)
On January 8, 2024, the New Jersey Supreme Court decided the Burlington County case of State v. Brandon Washington. The principal issue before the Court concerned the rules concerning eyewitness identification procedures as they relate to trial preparation. Chief...
False Statements in Gun Permit Applications (Part 3)
The Appellate Division concluded with the following in relevant part: Read in context, it is clear that Bruen's focus on the Nation's early history of firearm regulation pertains to the substantive criteria used by licensing regimes to deny applications, not to...
False Statements in Gun Permit Applications (Part 2)
The Appellate Division continued in relevant part: We deem it noteworthy that Bruen endorsed the concept of shall-issue licensing regimes without citing any historical analogues. The Court, in other words, acknowledged the constitutionality of modern licensing systems...
False Statements in Gun Permit Applications (Part 1)
On December 22, 2023, a three-judge appellate panel decided the Bergen County case of In the Matter of the Appeal of the Denial of R.W.T.’s Application. The principal issue under N.J.S.A. 2C:58-3 concerned whether Petitioner could be denied a gun permit based on false...
Forfeiture of Public Office (Part 2)
The Appellate Division concluded with the following in relevant part: The evidence indicated Edwards was convicted of a first-time offense for shoplifting. Because the matter had been decided summarily, according to Pennsylvania law, the offense must have involved...
Forfeiture of Public Office (Part 1)
On December 5, 2023, a three-judge appellate panel decided the Mercer County case of Mary Horne v. Jasi Mikae Edwards. The principal issue under N.J.S.A. 2C:51-2 concerned whether a past shoplifting conviction was a basis to require the forfeiture of public office....
Luring (Part 2)
The Court concluded with the following in relevant part: Although there is no need to make any further inquiry, our decision is also supported by the legislative history, which suggests an intent to create an expansive scheme to criminalize an increasing number of...
Luring (Part 1)
On December 7, 2023, a three-judge appellate panel decided the Somerset County case of State v. Jose Martinez-Mejia. The principal issue under N.J.S.A. 2C:13-6 concerned whether a luring offense could be committed completely within the victim’s home. Judge Chase wrote...
Miranda Rights and Spontaneous Statements (Part 2)
Justice Solomon continued in relevant part: Defendant was in custody at the hospital in light of the police presence around her bed area. But no interrogation or its functional equivalent occurred before her spontaneous and unsolicited admission. Miranda warnings were...