The Appellate Division continued in relevant part: Although the TRO here did not expressly prohibit defendant from directing remarks to – or making gestures at – Irene via the Nest camera, the order expressly prohibited defendant from “having any oral” or “electronic, or other form of contact or communication with his estranged wife.” Acknowledging the Nest camera […]
Contempt and Restraining Orders (Part 1)
On January 19, 2021, a three-judge appellate panel decided the Union county case of State v E.J.H. The principal issue under N.J.S.A. 2C:29-9 was whether a lewd gesture made through a visitation camera constituted criminal contempt. Judge Rose wrote for the Court in relevant part: Pertinent to this appeal, “the evidence must allow at least […]
Sex Offenses and Ex Post Facto Laws (Part 3)
The New Jersey Supreme Court majority concluded with the following in relevant part: Review of those cases reveals that Doe is the most relevant to the circumstances present here, and adherence to Doe’s determination that registration is not punitive should have precluded reliance on cases dealing with punitive consequences such as PSL, CSL, and SOMA in the context […]
Sex Offenses and Ex Post Facto Laws (Part 2)
The New Jersey Supreme court majority continued in relevant part: Finally, the logic espoused by the Appellate Division and the defendants here is further undermined by Riley, in which we considered whether the requirements of the Sex Offender Monitoring Act (SOMA), N.J.S.A. 30:4-123.89 to 123.95, could be applied to an individual whose predicate offenses predated the law’s […]
Sex Offenses and Ex Post Facto Laws (Part 1)
On January 25, 2021, the New Jersey Supreme Court decided the companion cases of State v. Hakum Brown and State v. Rodney Brown. The principal issue under N.J.S.A. 2C:7-2 was whether a penalty increase for failure to register as a sex offender was an Ex Post Facto violation when the predicate crime was committed before […]
Juvenile Life Sentences
On January 13, 2021, a three-judge appellate panel decided the Somerset County case of State v. Walter Tormasi. The principal issue under N.J.S.A. 2C:44 concerned the constitutionality of a juvenile’s life sentence with 30 years of parole ineligibility. Judge Geiger wrote for the Court in relevant part: Defendant asks this court to extend the protections […]
Gubernatorial Pardons and Expungements (Part 2)
The New Jersey Supreme Court concluded with the following in relevant part: Courts and legal scholars recognize that a pardon removes the legal disabilities that stem from the fact of a conviction but does not erase what happened when an offense was committed or restore a person’s good character. Thus, although a pardon renders a […]
Gubernatorial Pardons and Expungements (Part 1)
On January 11, 2021, a unanimous New Jersey Supreme court decided the Hudson County case of In re Petition for Expungement of the Criminal Record Belonging to T.O. The principal issue under N.J.S.A. 52-1 was whether T.O.’s gubernatorial pardon permitted the granting of his expungement petition notwithstanding the statutory bars to expunging his drug and […]
Double Jeopardy and Covid
On December 31, 2020, a three-judge appellate panel decided the Bergen County case of State v. Adrienne Smith. The principal issue under N.J.S.A. 2C:1-9 was whether the defendant’s double jeopardy rights were violated when a mistrial was declared due to the Covid-19 pandemic. Presiding Judge Fasciale wrote for the Court in relevant part: Throughout this […]
AG Guidelines and Strict Liability (Part 2)
The Appellate Division continued in relevant part: The only actions able to break the causal link in strict liability crimes are those that are so remote or unforeseeable as to forgive the defendant’s culpability. That a police officer would pursue a defendant recklessly driving a stolen vehicle, in a manner that failed to comport with […]
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