- MORGAN N. FARREN VS. BOARD OF REVIEW, ET AL. (DEPARTMENT OF LABOR) A-2059-21 Appellate June 28, 2023
- SVETLANA GIMPELEV VS. BOARD OF REVIEW, ETC. (DEPARTMENT OF LABOR) A-2159-21 Appellate June 28, 2023
- DCPP VS. D.W. AND C.C. III, IN THE MATTER OF THE GUARDIANSHIP OF C.A.C. IV. (FG-12-0033-20, MIDDLESEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED) (CONSOLIDATED) A-2210-21/A-2223-21 Appellate June 28, 2023
- DONNA WALTON VS. BOARD OF TRUSTEES, ETC. (PUBLIC EMPLOYEES' RETIREMENT SYSTEM) A-2422-21 Appellate June 28, 2023
- HUNEEN IJAZ VS. MAQSOOD AHMAD (FM-20-0779-19, UNION COUNTY AND STATEWIDE) A-2746-21 Appellate June 28, 2023
- SIMON KING, ET AL. VS. RENAY TRIPP, ET AL. (L-0378-21, SUSSEX COUNTY AND STATEWIDE) A-0008-22 Appellate June 28, 2023
- Landcor Holdings, L.P. v Evesham Mortgage, LLC. BUR-L-1619-20 Trial June 26, 2023
- Paramount Vending v. Kean MRS-L-324-18 Trial June 26, 2023
- FAYE BROWN VS. BOARD OF TRUSTEES, ETC. (PUBLIC EMPLOYEES' RETIREMENT SYSTEM) A-0021-21 Appellate March 24, 2023
- TRINITAS REGIONAL MEDICAL CENTER VS. NEW JERSEY DEPARTMENT OF HEALTH, ET AL. (NEW JERSEY DEPARTMENT OF HEALTH) A-0258-21 Appellate March 24, 2023
- A.T., ET AL. VS. BOARD OF EDUCATION OF THE TOWNSHIP OF SPARTA, ET AL. (NEW JERSEY COMMISSIONER OF EDUCATION) A-1048-21 Appellate March 24, 2023
- STATE OF NEW JERSEY VS. ERIC KIM (16-06-0755, BERGEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-1577-21 Appellate March 24, 2023
- STATE OF NEW JERSEY VS. HANIF HOPSON (16-03-0421, HUDSON COUNTY AND STATEWIDE) A-1622-21 Appellate March 24, 2023
- STATE OF NEW JERSEY VS. ANDREW HIGGINBOTHAM (22-02-0502, CAMDEN COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-2548-21 Appellate March 24, 2023 Summary A-2548-21 Defendant appeals from the trial court's order denying his motion to dismiss an indictment, which charged him with fifteen counts of second-degree child endangerment, N.J.S.A. 2C:24-4(b)(4), (5)(a)(i), (5)(a)(ii); and one count of third-degree child endangerment, N.J.S.A. 2C:24-4(b)(5)(b)(iii). These provisions were enacted in 2018 as part of the child erotica amendment to the endangerment statute. L. 2017, c. 141 (the child erotica amendment). Finding that the statute is both unconstitutionally vague and overbroad, the court reversed. N.J.S.A. 2C:24-4(b)(4) makes it a second-degree crime to photograph or film a child in a sexually suggestive manner, which necessarily requires the viewing and possession of such material. N.J.S.A. 2C:24-4(5)(a)(ii) makes it a second-degree crime to possess child erotica with intent to distribute it. Finally, N.J.S.A. 2C:24-4(5)(b)(iii) makes it a third-degree crime to possess child erotica. The amendment's expanded definition of child pornography, which includes child erotica (i.e., images that "portray a child in a sexually suggestive manner"), is at odds with New York v. Ferber , 458 U.S. 747 (1982); Osborne v. Ohio , 495 U.S. 103 (1990); and Ashcroft v. Free Speech Coalition , 535 U.S. 234 (2002). The child erotica amendment is overbroad because it precludes the private possession of material the United States Supreme Court has said is protected by the First and Fourteenth Amendments. Based on the amendment's definition of "portray a child in a sexually suggestive manner," any image of a child could appeal to sexual interests and thus be proscribed. Therefore, the amendment is also vague because a person of ordinary intelligence would not understand the limits of permissible conduct. Close
- STATE OF NEW JERSEY VS. TAMODD YOUNG (16-10-2947, ESSEX COUNTY AND STATEWIDE) A-4260-19 Appellate March 27, 2023
- STATE OF NEW JERSEY VS. LEMONT O. LOVE (07-03-0408, 07-03-0502 AND 08-01-0123, MIDDLESEX COUNTY AND STATEWIDE) A-2125-20 Appellate March 27, 2023
- MARK NEWTON VS. S. LICKER, INC., ET AL. (DC-008762-21, ESSEX COUNTY AND STATEWIDE) A-3317-20 Appellate March 27, 2023
- M.E. VS. HORIZON NJ HEALTH, ET AL. (DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES) A-1006-21 Appellate March 27, 2023
- C.H. VS. R.J.O. (FV-19-0395-21, SUSSEX COUNTY AND STATEWIDE) (RECORD IMPOUNDED) A-1058-21 Appellate March 27, 2023
- STREET 13 LLC VS. RICHARD ANGUERIA (L-1309-21, ATLANTIC COUNTY AND STATEWIDE) A-2342-21 Appellate March 27, 2023