Search Rutgers Law Library N.J. Court Opinions

1 STATE OF NEW JERSEY v. GARY TWIGGS -- rank: 1000

... beyond the time permitted by the criminal statute of limitations, N.J.S.A. 2C:1-6. Contrary to the State's argument, we hold that the statutory tolling provision in N.J.S.A. 2C:1-6, for situations in which "the actor" is identified by means ... issue on appeal is the trial court's interpretation of N.J.S.A. 2C:1-6(c), the criminal statute of limitations. When interpreting statutes, our ... anyone subjected to [that] criminal statute." Ibid. (citations omitted). III. N.J.S.A. 2C:1-6 provides the time limitations within which a prosecution for a ... date that each element of the crime has been completed. N.J.S.A. 2C:1-6(b)(1),(c). N.J.S.A. 2C:1-6(c), however, provides an exception to the categorical bar ...

docket:	a4417-14
court:	NJ Superior Court Appellate Division
decided:	2016-03-22
status:	published
citation:	445 N.J.Super. 23 135 A.3d 981
Document Size:	80675

2 State v. Gary Twiggs State v. James E. Jones & Likisha Jones -- rank: 958

... actor by means of comparison to the physical evidence.” N.J.S.A. 2C:1-6(c). These consolidated appeals hinge on whether the provision applies ... claim was barred by the general criminal statute of limitations, N.J.S.A. 2C:1-6(b)(1). The State responded that the DNA exception within N.J.S.A. 2C:1-6(c) tolled the statute of limitations. The trial court found ... identifies,” the actor to physical evidence within its possession. N.J.S.A. 2C:1-6(c). Because of its unique nature, DNA testing has become ... in criminal trials against defendants to whom the DNA matched. N.J.S.A. 2C:1-6(c) permits tolling when identification is achieved directly by DNA ... charged. The implication came only through third-party testimony, which N.J.S.A. 2C:1- 6(c) does not operate to preserve. Without the exception, ...

docket:	a_51_16
court:	NJ Supreme Court
decided:	2018-06-19
status:
citation:
Document Size:	83209

3 /usr/local/share/www/libweb/collections/courts/supreme/a_63_64_65_16.opn.html -- rank: 958

... actor by means of comparison to the physical evidence.” N.J.S.A. 2C:1-6(c). These consolidated appeals hinge on whether the provision applies ... claim was barred by the general criminal statute of limitations, N.J.S.A. 2C:1-6(b)(1). The State responded that the DNA exception within N.J.S.A. 2C:1-6(c) tolled the statute of limitations. The trial court found ... identifies,” the actor to physical evidence within its possession. N.J.S.A. 2C:1-6(c). Because of its unique nature, DNA testing has become ... in criminal trials against defendants to whom the DNA matched. N.J.S.A. 2C:1-6(c) permits tolling when identification is achieved directly by DNA ... charged. The implication came only through third-party testimony, which N.J.S.A. 2C:1- 6(c) does not operate to preserve. Without the exception, ...

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court:	NJ Superior Court Law/Chancery Division
decided:
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Document Size:	83125

4 State v. James E. Jones & Likisha Jones -- rank: 958

... actor by means of comparison to the physical evidence.” N.J.S.A. 2C:1-6(c). These consolidated appeals hinge on whether the provision applies ... claim was barred by the general criminal statute of limitations, N.J.S.A. 2C:1-6(b)(1). The State responded that the DNA exception within N.J.S.A. 2C:1-6(c) tolled the statute of limitations. The trial court found ... identifies,” the actor to physical evidence within its possession. N.J.S.A. 2C:1-6(c). Because of its unique nature, DNA testing has become ... in criminal trials against defendants to whom the DNA matched. N.J.S.A. 2C:1-6(c) permits tolling when identification is achieved directly by DNA ... charged. The implication came only through third-party testimony, which N.J.S.A. 2C:1- 6(c) does not operate to preserve. Without the exception, ...

docket:	a-63-16
court:	New Jersey Supreme Court
decided:	2018-06-19
status:
citation:
Document Size:	83391

5 /usr/local/share/www/libweb/collections/courts/appellate/a-41-20.opn.html -- rank: 928

... 2, 2022 PIERRE-LOUIS, J., writing for a unanimous Court. N.J.S.A. 2C:1-6(c) states that in cases involving DNA evidence, the time ... 245 N.J. 457 (2021). HELD: A plain reading of N.J.S.A. 2C:1-6(c) reveals that the Legislature intended the statute of limitations ... run on the day after the offense is committed.” N.J.S.A. 2C:1-6(c). N.J.S.A. 2C:1-6(c) carves out an exception for circumstances in which the ... ” --- (pp. 21-22) Ibid. 2. A plain reading of N.J.S.A. 2C:1-6(c) reveals that the statute of limitations, in cases involving ... order to start the clock. (pp. 27-28) 4. Although N.J.S.A. 2C:1-6(c) requires the statute of limitations to begin when ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	62948

6 /usr/local/share/www/libweb/collections/courts/supreme/a-41-20.opn.html -- rank: 928

... 2, 2022 PIERRE-LOUIS, J., writing for a unanimous Court. N.J.S.A. 2C:1-6(c) states that in cases involving DNA evidence, the time ... 245 N.J. 457 (2021). HELD: A plain reading of N.J.S.A. 2C:1-6(c) reveals that the Legislature intended the statute of limitations ... run on the day after the offense is committed.” N.J.S.A. 2C:1-6(c). N.J.S.A. 2C:1-6(c) carves out an exception for circumstances in which the ... ” --- (pp. 21-22) Ibid. 2. A plain reading of N.J.S.A. 2C:1-6(c) reveals that the statute of limitations, in cases involving ... order to start the clock. (pp. 27-28) 4. Although N.J.S.A. 2C:1-6(c) requires the statute of limitations to begin when ...

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court:	New Jersey Supreme Court
decided:
status:
citation:
Document Size:	62841

7 /usr/local/share/www/libweb/collections/courts/appellate/squibs16-17.opn.html -- rank: 894

... The State argued the crime is a continuing one under N.J.S.A. 2C:1-6(c), and the limitations period does not begin running until ...

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court:	NJ Superior Court Law/Chancery Division
decided:
status:
citation:
Document Size:	151111

8 STATE OF NEW JERSEY v. RAQUEL GARAJAU -- rank: 835

... passed. N.J.S.A. 2C:35-10(a)(4); N.J.S.A. 2C:1- 6(b)(2). As for Yuhas, the evidence showed that he ...

docket:	a2807-18
court:	NJ Superior Court Appellate Division
decided:	2021-05-04
status:	Unpublished
citation:
Document Size:	125030

9 JARWICK DEVELOPMENTS, INC v. JOSEPH WILF -- rank: 833

... 83 N.J. 540, 548 (1980)). 38 A-2053-13T3 N.J.S.A. 2C:1-6(g) states that, '[e]xcept as otherwise provided in [the ... by applying the limitations period under the federal RICO law. N.J.S.A. 2C:1-6(g) expressly applies in this instance and requires a RICO ...

docket:	a2053-13
court:	NJ Superior Court Appellate Division
decided:	2018-06-01
status:	unpublished
citation:
Document Size:	210674

10 State v. Joseph Diorio -- rank: 825

... degree money laundering, were barred by the statute of limitations. N.J.S.A. 2C:1-6(c). Relying in part on the fact that N.J ... for an offense must commence within five years after commission. N.J.S.A. 2C:1-6(b)(1). An offense is committed once every element of ... period commences on the day after commission of the offense. N.J.S.A. 2C:1-6(c). (pp. 18-19) 2. Continuing offenses involve conduct spanning ...

docket:	A-110-11
court:	NJ Supreme Court
decided:	2014-02-12
status:
citation:
Document Size:	111685

11 State v. Aurelio Ray Cagno -- rank: 808

... the general five-year statute of limitations governing criminal prosecutions, N.J.S.A. 2C:1-6. We consider whether certain evidence was improperly introduced during defendant� ... defense to be asserted by a defendant.” Ibid. Under N.J.S.A. 2C:1-6(b)(1), a prosecution for a crime generally “must ... conduct or the defendant’s complicity therein is terminated.” N.J.S.A. 2C:1-6(c). Further, the statute defines the commencement of a prosecution ... as the date “when an indictment is found.” N.J.S.A. 2C:1-6(d). Also relevant to the issue is N.J.S.A. 2C:1-6(e), which provides in pertinent part that the limitation period ... posed that query in light of the tolling provision in N.J.S.A. 2C:1-6(e) because the superseding indictment alleged the same conduct ...

docket:	A-60-09
court:	NJ Supreme Court
decided:	2012-08-08
status:
citation:	211 N.J. 488 49 A.3d 388
Document Size:	163081

12 /usr/local/share/www/libweb/collections/courts/appellate/a0088-18.opn.html -- rank: 796

... of the offenses arising out of this incident pursuant to N.J.S.A. 2C:1-6(c). We disagree. A-0088-18T4 9 Generally, under N.J.S.A. 2C:1-6(b)(11), a defendant's prosecution must be 'commenced within five years after it [was] committed.' N.J.S.A. 2C:1-6(c) provides that time, for purposes of calculating when the ... the identifying physical evidence necessary to identify defendant contemplated by N.J.S.A. 2C:1-6(c) on August 17, 2016, the date when 'the State ... commenced 7 within five years after the crime is committed. N.J.S.A. 2C:1-6(b)(1). The Code states that a crime or offense ... of conduct or the defendant's complicity therein is terminated.' N.J.S.A. 2C:1-6(c). An exception to this general rule is made ...

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Document Size:	40149

13 STATE OF NEW JERSEY v. JERRY ROSADO -- rank: 784

... January 3, 2002 amendment to the criminal statute of limitations, N.J.S.A. 2C:1-6, apply to and toll the five-year limitations period in ... to be commenced 'within five years after it is committed.' N.J.S.A. 2C:1- 6(b)(1) (1989). We, therefore, reverse the order denying defendant ... defendant was not time-barred because, effective January 3, 2002, N.J.S.A. 2C:1-6 had been amended. Under the 2002 amendment, the statute of ... begun to live and, applying the DNA[-]tolling exception in N.J.S.A. 2C:1-6(c), the statute of limitations in this case did not ... two related legal questions. First, does the 2002 amendment to N.J.S.A 2C:1-6 apply to defendant's charge? Second, if it does, does ... statute of limitations for sexual assault is set forth in N.J.S.A. 2C:1- 6. In 1990, the limitations period for sexual assault was ...

docket:	a0516-22
court:	NJ Superior Court Appellate Division
decided:	2023-03-29
status:	Published
citation:
Document Size:	30724

14 STATE OF NEW JERSEY v. GREGORY P. COBBS -- rank: 776

... of statutory interpretation, we conclude that the limitations period under N.J.S.A. 2C:1-6 for failure to pay tax under N.J.S.A ... reconsideration motion. Defendant contended the five-year limitations period under N.J.S.A. 2C:1-6(b)(1) began to run on April 16, 2008, the ... crime is defined in Title 54, the State concedes that N.J.S.A. 2C:1-6 governs. 7 A-4479-14T2 6(b)(1). The limitations ... and the prosecution is 'commenced' when an indictment is found. N.J.S.A. 2C:1-6(d). The statute of limitations is an absolute bar to ... of conduct or the defendant's complicity therein is terminated.' N.J.S.A. 2C:1-6(c). We must first consider whether the Legislature expressed a ... decide when a crime under that provision is committed under N.J.S.A. 2C:1-6, and when the limitations period begins to run. The ...

docket:	a4479-14
court:	NJ Superior Court Appellate Division
decided:	2017-06-23
status:	published
citation:	451 N.J.Super. 1 164 A.3d 1062
Document Size:	46141

15 STATE OF NEW JERSEY v. JAMES E. JONES -- rank: 747

... the five-year statute of limitations bars their prosecution. See N.J.S.A. 2C:1 6(b)(1). The matters are consolidated for decision as they ... of the DNA exception to the statute of limitations. See N.J.S.A. 2C:1 6(c). He denied their pre-plea motion to dismiss the ... 2002 and that therefore the indictment had to be dismissed. N.J.S.A. 2C:1-6(c), the DNA exception, provides that the applicable statute of ... THE DNA EXCEPTION TO THE STATUTE OF LIMITATIONS PURSUANT TO N.J.S.A. 2C:1-6[(c)] IS NOT APPLICABLE TO HER CASE. a. The plain and unambiguous meaning of N.J.S.A. 2C:1-6[(c)] is that DNA from a suspect must match DNA ... at the scene. b. Assuming that the DNA exception to N.J.S.A. 2C:1-6[(c)] is ambiguous or subject to multiple interpretations, the ...

docket:	a3600-13
court:	NJ Superior Court Appellate Division
decided:	2016-06-15
status:	published
citation:
Document Size:	50633