On March 29, 2023, a three-judge appellate panel decided the Cape May County case of State v. Jerry Rosado. The principal issue under N.J.S.A. 2C:1-6 concerned whether the 2002 DNA-tolling amendment applied retroactively to a sexual assault that occurred in 1990. Judge Gilson wrote for the panel in relevant part: This appeal presents a novel […]

The three-judge panel concluded with the following in relevant part: The recently amended version of N.J.S.A. 2C:58-3(c)(5) provides that no HPP or FPIC shall be issued “to any person where the issuance would not be in the interest of the public health, safety or welfare because the person is found to be lacking the essential […]

Judge Geiger continued in relevant part: Considering these statutes in pari materia, the J.D. court reasoned: The expungement privilege, however, is not absolute. The holder of the privilege has discretion to determine whether to waive it. In the context of gun ownership, the legislature has crafted a strict regulatory scheme. It protects society, and it […]

The Appellate Division continued in relevant part: The court’s reference to the community caretaking doctrine is misplaced. “The community-caretaking doctrine represents a narrow exception to the warrant requirement.” State v. Scriven (2016); State v. Diloreto (2004). There was no warrantless seizure of appellant’s firearms by police. We reverse the forfeiture and compelled sale of appellant’s […]

Judge Geiger continued in relevant part: An appeal issue is moot if the appellant “is not entitled to any affirmative relief.” Reilly v. AAA Mid-Atl. Ins. Co. of N.J. (2008). See also Redd v. Bowman (2015) (“An issue is ‘moot when our decision sought in a matter, when rendered, can have no practical effect on […]

The Appellate Division continued in relevant part: The facts in F.M. and Cordoma are readily distinguishable from this case. Appellant has no history of domestic violence. Accordingly, the forfeiture procedure codified in N.J.S.A. 2C:25-21(d)(3) does not apply. We also recognize that N.J.S.A. 2C:64-1(a)(1)-(2) provides for forfeiture of firearms unlawfully possessed or acquired, or used in […]

On March 21, 2023, a three-judge appellate panel decided the Bergen County case of In the Matter of the Appeal of the Denial of M.U.’s Application for a Handgun. The first principle issue concerned the constitutionality of the denial of appellant’s permit to purchase a firearm for reasons related to “the public health, safety or […]

Relevant caselaw and analysis regarding release from Parole Supervision for Life (PSL) is as follows: Under current law, a person who violates the terms or conditions of the special sentence of community supervision without good cause is guilty of a crime of the fourth degree. This bill clarifies that a person who violates a special […]

Individuals sentenced to parole supervision for life for a sex offense often have questions concerning when they can petition to be release from their parole supervision. The short answer is 15 years after sentencing. However, the 15-year clock to petition to be released from PSL gets re-started on the date that the petitioner is released […]

On March 16, 2023, a three-judge appellate panel decided the Hudson County case of Y.H. and K.W.C. v. T.C., Uber Technologies. The principal issue under N.J.S.A. 2C:52-1 concerned resolving a conflict between the expungement statute and a statue barring rideshare companies from employing individuals with certain convictions. Judge Whipple wrote for the appellate division in […]