Criminal Law Library Blog
These News Briefs and Decision Summaries are from the the New Jersey State Bar Association. They are an exclusive benefit of the Association in partnership with the New Jersey Law Journal. A subscription may be necessary to access the full text of some of the items listed:
NEWS BRIEFS:
New Jersey Supreme Court OKs State Authority Over Paterson Police Department
A unanimous Thursday ruling from the New Jersey Supreme Court on Wednesday found that the state attorney general’s move to assume control of the Paterson Police Department was lawful and justified.
Showcase Your Expertise in New Jersey Lawyer
Writing an article for the NJSBA’s award-winning flagship magazine is a great way to feature your expertise on a topic of law. Check out the editorial calendar for 2025–2026.
Federal Court Rejects TCPA Class Certification, Citing Problems With Representative
A Delaware federal court has denied a motion for class certification in a Telephone Consumer Protection Act case, citing both a lack of predominant issues between the claimants and the class representatives’ criminal and bankruptcy histories.
NJSBA Election Law Special Committee Seeks New Members
Monitor the latest developments in New Jersey election and campaign finance law through this NJSBA Special Committee. To join, fill out the form here and discover the NJSBA’s wide range of Special Committees for every practice area.
The U.S. Court of Appeals for the Third Circuit on Tuesday upheld the criminal conviction of a New Jersey man who helped run a multimillion-dollar scheme to fraudulently collect money from securities class action settlement funds.
DECISION SUMMARIES:
Click on any decision below to get the full opinion
from the New Jersey Judiciary – July 23, 2025
APPROVED FOR PUBLICATION
CRIMINAL LAW
State v. Kelly, Appellate Division, Judge Gummer. Defendant appealed his conviction and sentence following a jury trial for second-degree possession of a weapon for an unlawful purpose, second-degree unlawful possession of a weapon, and third-degree criminal restraint. The jury acquitted him of other charges, including first-degree robbery and multiple counts of first-degree sexual assault. The court sentenced him to concurrent eight-year terms for the weapons offenses, with a four-year parole ineligibility, and a consecutive four-year term for criminal restraint. Defendant argued on appeal that his conviction for possession of a weapon for an unlawful purpose should be reversed due to the jury’s acquittal on related charges, and that the trial court erred in not merging the convictions for sentencing. He also claimed the prosecutor made prejudicial statements during summation, and that his Miranda rights were violated. The court vacated the conviction, finding the prosecutor’s comments during summation improperly suggested defendant tailored his testimony after hearing other witnesses, thus depriving him of a fair trial. The court found that the prosecutor improperly attacked defendant’s credibility based on his exercise of his right to attend his trial and confront the witnesses presented against him, as prosecutors were not allowed explicitly refer to the fact that a defendant heard the testimony of other witnesses and thus tailored their testimony. The court remanded the case for a new trial, rejecting defendant’s other arguments regarding his convictions. The court noted that, had it not vacated the convictions, it would have remanded for resentencing due to insufficient analysis of the appropriateness of consecutive sentences. The court found sufficient evidence supported the unlawful-purpose conviction, despite the acquittals, and upheld the trial court’s jury instructions. The court also found no merit in defendant’s Miranda rights violation claim, affirming the trial court’s decision to admit his statements. (Approved for Publication)