J.B., ET AL. VS. NEW JERSEY STATE PAROLE BOARD

J.B., ET AL. VS. NEW JERSEY STATE PAROLE BOARD

A-5435-10T2/ A-1459-11T2/ A-2138-11T3/ A-2448-11T2/A-3256-11T2(CONSOLIDATED)

Appellants are individuals who have been convicted of sexual offenses, have completed their respective prison terms, and are now being monitored by respondent New Jersey State Parole Board as offenders who are subject to either parole supervision for life ("PSL") or its statutory predecessor, community supervision for life ("CSL"). N.J.S.A. 2C:43-6.4. They challenge the constitutionality of certain terms of supervision the Parole Board has imposed upon them and other released sex offenders subject to CSL or PSL, mainly (1) restrictions on access to social media or other comparable web sites on the Internet; and (2) mandated submission to periodic polygraph examinations.

In the published portion of our opinion, we reject appellants' facial challenges to the Internet access restrictions, subject to their right to bring future "as-applied" challenges if they avail themselves of the Parole Board's procedures for requesting specific permission for more expanded Internet access and are then denied such permission.

As indicated in the unpublished portion of our opinion, we do not decide at this time the merits of appellants' constitutional attack upon the polygraph requirements. Instead, we refer that subject matter to the trial court for supplemental proceedings, pursuant to Rule 2:5-5(b), for the development of an appropriate record, including scientific or other expert proofs, and for fact-finding. Such proofs and fact-finding shall focus upon the alleged therapeutic, rehabilitative, and risk management benefits of polygraph testing when it is conducted within the specific context of post-release oversight of sex offenders. 11-26-13

 

State of New Jersey v. Troy N. Tate (A-99-11; 069314)

 State of New Jersey v. Troy N. Tate (A-99-11; 069314)

 A conviction for possession of a weapon for an
unlawful purpose must merge with a conviction for
aggravated manslaughter when the evidence does not
support the existence of another unlawful purpose for
possession of the weapon. 11-12-13

STATE OF NEW JERSEY VS. ANGELIQUE STUBBS ET AL.

 STATE OF NEW JERSEY VS. ANGELIQUE STUBBS ET AL.
AND STATE VS. JULES L. STUBBS ET AL.
 A-1199-10T2/A-2942-10T2(CONSOLIDATED)

Husband and wife, Jules and Angelique Stubbs, were
convicted of various CDS-related offenses. As to the wife,
we remand for a hearing as to the admissibility of the form
United States Currency Seizure Report, which she signed,
pertaining to $4831 in cash seized from defendants' home
along with a substantial quantity of drugs. The State
argued that the wife, by signing the form, claimed
ownership of the cash, which demonstrated she joined in her
husband's drug-related activities. We conclude the form
must be viewed as an adoptive admission under N.J.R.E.
803(b)(2); and, since the form was a statement of a
criminal defendant, N.J.R.E. 803(b), the State as proponent
was required to show, in a preliminary hearing pursuant to
N.J.R.E. 104(c), that the statement was admissible. To do
so, the State must show the wife was aware of and
understood the contents of the allegedly adopted statement,
and she unambiguously assented to it. We order a new trial
for the wife only if the trial court determines on remand
that the form was not properly admitted as an adoptive
admission. 11-07-13