On April 5, 2022, the New Jersey Supreme Court decided the Monmouth County case of State v. Michael Konecny. There were two principal issues under N.J.S.A 2C:40-26. The first is whether DWI convictions can increase the custodial sentence for the crime of driving while suspended for a second or subsequent DWI or refusal. The second […]

Judge Fisher concluded with the following in relevant part: Because we find no statutory ambiguity, the rule of lenity has no application. But, even if we were to assume an ambiguity exists within N.J.S.A. 2C:7-2, the rule doesn’t provide a defendant with a get out of jail free card. As Chief Justice Wilentz said in De Marco, “it […]

The appellate panel continued in relevant part: Instead, everything about N.J.S.A. 2C:27-2 suggests a legislative intent to criminalize in equal fashion both the giving and taking of bribes in all official and political matters. There are no expressed exemptions. Despite our prior holdings, which we have cited, that clearly expressed this, we are obligated to again examine N.J.S.A. 2C:27-2 only because the trial judge […]

The Court continued in relevant part: This conclusion not only flows from the Legislature’s expression but by the way our courts have always looked at bribery, recognizing as long ago as Ellis that it is no defense to anyone charged with bribery that the bribe receiver was incapable of performing his part of the bargain. 33 N.J.L. […]

The appellate panel continued in relevant part: To view the no-defense provision as supportive of defendant’s position requires a distortion of what the Legislature clearly stated. Besides the trial judge’s decision here, this mangled view actually finds support in a reported decision of one federal district judge, who interpreted this provision in a way favorable […]

Judge Fisher continued in relevant part: Defendant’s argument would also, if accepted, create an unusual subset of candidates who would be criminally liable while excusing others, because the argument suggests that a candidate who is already a public servant or public official could be held criminally liable but not a candidate who holds no public […]

On April 4, 2022, a three-judge appellate panel decided the Hudson County case of State v. Jason O’Donnell. The principal issue under N.J.S.A. 2C:27-2 involved whether a candidate for public office has to be elected before he can be found guilty of “Bribery in Official Political Matters.” Presiding Judge Clarkson Fisher wrote for the Appellate […]

The Appellate panel concluded with the following in relevant part: In addition, the facts on which the trial court relied to exclude B.B.’s personal identifiers from the Internet Registry are inapposite. The court noted that B.B. “has apparently gone on with his life” and “paid the price for his offenses in the State of Pennsylvania.” […]