State v. Pomianek

Supreme Court of New Jersey

State v. Pomianek

80 A.3d 742, 216 N.J. 359, 2013 N.J. LEXIS 1353, 2013 WL 6669740

DecidedOctober 25, 2013

StatusPublished

This text of 80 A.3d 742 (State v. Pomianek) 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. Pomianek, 80 A.3d 742, 216 N.J. 359, 2013 N.J. LEXIS 1353, 2013 WL 6669740 (N.J. 2013).

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Opinion

ORDERED that the cross-petition for certification is granted limited to the following issues: 1) whether N.J.S.A. 2C:16-1(a)(3) chills expression and/or violates due process; 2) whether the Appellate Division impermissibly applied the canon of constitutional avoidance to save N.J.S.A 2C:16-1(a)(3) from invalidation; 3) assuming the Appellate Division was correct in interpreting N.J.S.A. 2C:16-1(a)(3) to require a showing of intent on the part of the actor, whether defendant is entitled as a matter of law to a dismissal of the bias charges on account of double jeopardy; and 4) whether a laugh can constitute a “benefit” within the meaning of N.J.S.A. 2C:20-2(a).

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ORDERED that the cross-petition for certification is granted limited to the following issues: 1) whether N.J.S.A. 2C:16-1(a)(3) chills expression and/or violates due process; 2) whether the Appellate Division impermissibly applied the canon of constitutional avoidance to save N.J.S.A 2C:16-1(a)(3) from invalidation; 3) assuming the Appellate Division was correct in interpreting N.J.S.A. 2C:16-1(a)(3) to require a showing of intent on the part of the actor, whether defendant is entitled as a matter of law to a dismissal of the bias charges on account of double jeopardy; and 4) whether a laugh can constitute a “benefit” within the meaning of N.J.S.A. 2C:20-2(a).

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Bluebook (online)

80 A.3d 742, 216 N.J. 359, 2013 N.J. LEXIS 1353, 2013 WL 6669740, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-pomianek-nj-2013.