Criminal Law Blog
Self-Defense and the Castle Doctrine
On May 6, 2025, a unanimous New Jersey Supreme Court decided the Mercer County case of State v. John Bragg. The principal issue under N.J.S.A. 2C:3-4 concerned self-defense and whether the jury was properly instructed on the “castle doctrine.” Chief Justice Rabner...
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...