On August 9, 2017, a three-judge appellate panel decided the case of State in the Interest of D.M. The principle issue was whether a defendant who was less than four years older than the alleged victim could be adjudicated delinquent of child endangerment under N.J.S.A. 2C:24-4(a) even though he was acquitted of sexual assault under […]
Drug Court Expungements & The Public Interest: Part 4
The substitute also proposed to abolish the dual pathways to expungement under Chapter 52 – in which a person was presumptively entitled to expungement of an indictable offense after ten years, and eligible for expungement after as few as five years upon a public interest showing. Instead, persons would be presumptively entitled to expungement after […]
Youth Ministries & Sex Offenders: Part 2
The New Jersey Supreme Court held that a plain-language reading of N.J.S.A. 2C:7-22 does not exempt a youth ministry associated with a church or other religious organization from the definition of “youth serving organization.” N.J.S.A. 2C:7-23(a) provides, in relevant part, that “it shall be unlawful for an excluded sex offender to hold a position or […]
Youth Ministries & Sex Offenders: Part 1
On July 20, 2017, Justice Timpone wrote for a unanimous New Jersey Supreme Court in the case of State v. S.B. In this appeal, the Court determines whether a youth ministry associated with a church or religious organization is exempt from the definition of a “youth serving organization” under N.J.S.A. 2C:7-22, a provision of Megan’s […]
Double Jeopardy: Part 4
The Court now adopts the same-elements test as the sole double-jeopardy analysis, thereby realigning New Jersey law with federal law. The same-elements test is effortlessly applied at early stages of prosecution; it is capable of producing uniform, predictable results; and it aids defendants by reducing multiple court appearances. Rule 3:15-1(b) bars subsequent prosecutions for indictable […]
Double Jeopardy: Part 3
Here, the municipal court had jurisdiction to resolve defendant’s disorderly-persons charge pursuant to N.J.S.A. 2B:12-17, and failure to join does not automatically bar subsequent prosecution. For judicial efficiency and fairness to defendants, the Court urges careful coordination between the municipal courts and county prosecutors. As a matter of fundamental fairness, the defendant should have at […]
Double Jeopardy: Part 1
On May 16, 2017, Justice Timpone wrote for a majority of the New Jersey Supreme Court in the case of State v. Rodney Miles. The case presents another example of Governor Christie’s appointees moving our state courts in a more pro-police direction at the expense of our civil liberties, with Justice Albin representing the lone […]
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