by Fred Sisto | Jan 26, 2023 | Blog, Criminal Law, Drug Crime, Marijuana, Monmouth County, New Jersey, Ocean County
Judge Mawla continued in relevant part: For these reasons, the holdings in the Middlesex cases cannot stand because they are contrary to the language in the controlling statutes. “A statute cannot be interpreted to abrogate existing law by implication...
by Fred Sisto | Jan 24, 2023 | Blog, Criminal Law, Drug Crime, Marijuana, Monmouth County, New Jersey, Ocean County
The Appellate Division continued in relevant part: When a law “has two distinct sections dealing with related matters, amendment to one section is not an amendment to others because it is presumed that if the Legislature had intended an amendment to apply to...
by Fred Sisto | Jan 22, 2023 | Blog, Criminal Law, Drug Crime, Marijuana, Monmouth County, New Jersey, Ocean County
On June 9, 2022, a three-judge appellate panel decided the consolidated Middlesex and Morris County cases of State v. Richard Gomes. The principal issue before the Court under N.J.S.A. 2C:43-12 was whether marijuana reform legislation was whether a past diversionary...
by Fred Sisto | Jan 20, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The New Jersey Supreme Court concluded with the following in relevant part: We agree with the trial court and Appellate that the federal proceeding did not culminate in a jury finding that defendants had in fact murdered James. This distinction sufficiently...
by Fred Sisto | Jan 18, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
On June 8, 2022, the New Jersey Supreme Court decided the Atlantic County case of State v. Mykal Derry. The principal issue under N.J.S.A. 2C:1-3 was whether the state prosecution was permissible after a federal conviction for drug and firearm charges that were linked...