In State v. Moorer, Docket No. a-2922-14 (App. Div. 2016), a Salem County case decided on December 29, 2016, the Appellate Division was called upon to interpret N.J.S.A. 2C:1-8, concerning permissible methods of prosecution when conduct constitutes more than one offense. The issue was whether a defendant on trial for possession of CDS was entitled […]
Removal From Sex Offender Registry: Part 2
J.B. pled guilty to second-degree sexual assault and was sentenced in March 1995. Following his release from custody, J.B. initially complied with the Registration Law. In 2006, however, J.B. failed to register and moved from his current address without notifying authorities. In August 2007, J.B. pled guilty to fourth-degree failure to notify law enforcement agencies […]
Removal From Sex Offender Registry: Part 1
On January February 7, 2017, the New Jersey Supreme Court issued a per curiam opinion In the Matter of Registrant A.D., J.B., and C.M. The Court adopted the opinion of the lower Appellate Court and held that the commission of any criminal offense, not just sex offenses, bars a defendant from being removed from the […]
Multiple Extended Term Sentences (Part 2)
The Supreme Court has guided that “when a provision of the Code is modeled after the MPC, it is appropriate to consider the MPC and any commentary to interpret the intent of the statutory language.” Although the Court in Hudson cautioned that New Jersey’s rejection of the MPC approach imposing an outer limit on the […]
Multiple Extended Term Sentences (Part 1)
In State v. Boykins, an Ocean County case decided on September 7, 2016, the Appellate Division was called upon to decide whether a defendant is “in custody” for purposes of receiving a second extended-term sentence under N.J.S.A. 2C:44-5b when he committed a second crime while out on bail awaiting trial for the first crime. The […]
Elements of Hindering Apprehension (Part 2)
At trial, M.W. testified that everything she told the law enforcement investigators on September 23, 2010, was the truth. Defendant’s text messages did not have any effect on M.W.’s account of the events that occurred that day; nor did defendant’s texts influence the manner in which she described those events. M.W. also emphasized that she […]
Elements of Hindering Apprehension (Part 1)
The second principle issue addressed in State v. Ravi was whether a defendant is entitled to a judgment of acquittal on a charge of hindering one’s own apprehension under 2C:29-3b(3) when there is no evidence that he used any force, intimidation, or deception to prevent a person’s testimony. The answer is “yes.” The Court held […]
Witness Tampering and Hindering
In State v. Ravi, decided on September 9, 2016, the Appellate Division addressed three principle issues. This was a case that garnered national attention in the wake of Ravi’s college roommate committing suicide after allegedly discovering that Ravi had recorded and broadcast him having a sexual encounter with a man in their dorm room. The […]
Gap Time Credit
In State v. Walters, Docket No. a-0203-14 (App. Div. 2016), the Appellate Division addressed whether a criminal defendant is entitled to receive “gap-time credit” for time served in county jail on a Title 39 motor vehicle violation. Walters was charged with DWI on November 16, 2013. On November 24, 2013, he was arrested for an […]
Sentencing Downgrade (Part 10) – State v. Jones cont.
Moreover, since Jones was remanded as opposed to the Appellate Division exercising original jurisdiction, it may very well be that she was ultimately sentenced to a downgraded prison sentence, as opposed to a standard five to ten year second degree prison sentence. Due to the age of the Jones case, I could not ascertain the […]
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