State v. Cromwell

Supreme Court of New Jersey

State v. Cromwell

80 A.3d 743, 216 N.J. 361, 2013 WL 6670603, 2013 N.J. LEXIS 1306

CourtSupreme Court of New Jersey

DecidedDecember 6, 2013

StatusPublished

Cited by1 cases

This text of 80 A.3d 743 (State v. Cromwell) is published on Counsel Stack Legal Research, covering Supreme Court of New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Cromwell, 80 A.3d 743, 216 N.J. 361, 2013 WL 6670603, 2013 N.J. LEXIS 1306 (N.J. 2013).

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Opinion

ORDERED that the petition for certification is granted limited to the following issues: does the “knowingly” mens rea requirement of N.J.S.A. 2C:39-5e(1), third-degree unlawful possession of a weapon at an education institution, apply to both the possession of the firearm and the presence at an educational institution; did the trial court err in finding and applying the aggravating factor of N.J.S.A. 2C:44-1(a)(5) (substantial likelihood that defendant is involved in organized criminal activity) in sentencing defendant; and does the decision in Alleyne v. United States, — U.S.-, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013), overruling Harris v. United States, 536 U.S. 545, 122 S.Ct. 2406, 153 L.Ed.2d 524 (2002), render the imposition of a mandatory minimum sentence invalid under the Sixth Amendment to the United States Constitution?

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ORDERED that the petition for certification is granted limited to the following issues: does the “knowingly” mens rea requirement of N.J.S.A. 2C:39-5e(1), third-degree unlawful possession of a weapon at an education institution, apply to both the possession of the firearm and the presence at an educational institution; did the trial court err in finding and applying the aggravating factor of N.J.S.A. 2C:44-1(a)(5) (substantial likelihood that defendant is involved in organized criminal activity) in sentencing defendant; and does the decision in Alleyne v. United States, — U.S.-, 133 S.Ct. 2151, 186 L.Ed.2d 314 (2013), overruling Harris v. United States, 536 U.S. 545, 122 S.Ct. 2406, 153 L.Ed.2d 524 (2002), render the imposition of a mandatory minimum sentence invalid under the Sixth Amendment to the United States Constitution?

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Bluebook (online)

80 A.3d 743, 216 N.J. 361, 2013 WL 6670603, 2013 N.J. LEXIS 1306, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-cromwell-nj-2013.

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