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Sunday, June 19, 2022

State v. Bradley C. Thompson (085260) (Camden County & Statewide) (A-41-20

 State v. Bradley C. Thompson (085260) (Camden County & Statewide) (A-41-20; 085260)

A plain reading of N.J.S.A. 2C:1-6(c) reveals that the Legislature intended the statute of limitations to begin to run once the State was in possession of both the physical evidence from the crime and the suspect’s DNA. To hold otherwise would contradict the language of the statute which directs the statute of limitations to begin when the State is in possession of both items needed to generate a match. To find that the statute of limitations begins when a match is confirmed would render the second half of the provision superfluous. Here, the statute of limitations began to run in 2010, when the FBI’s updated scientific guidance rendered the Lab capable of generating a match based on the DNA samples in its possession.