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New Jersey Supreme Court Holds DNA Exception Tolling Statute of Limitations Applies Only to Suspect Directly Identified by DNA
by Dale Chappell
Tolling of the statute of limitations under the DNA statute applies only to the “actor” directly linked to the crime by the DNA, and not to others involved in the crime, the Supreme Court of New Jersey held. The Court interpreted the word ‘actor’ to …
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More from this issue:
- Judge orders Tacoma to pay fines, attorney fees over stingray records, by Dale Chappell
- $150,000 Settlement for Man Beaten by West Virginia State Police
- Ninth Circuit Reverses Conviction for Conspiracy to Smuggle Drugs Based Solely on ‘Drug Courier Profile’, by Christopher Zoukis
- First Circuit Holds Sixth Amendment Speedy Trial Clock Starts Upon Original, Not Superseding, Indictment When Based on Same Act or Scheme, by Dale Chappell
- Texas Woman Receives Five Years in Prison for Illegal Voting After Criminal Conviction, by Derek Gilna
- Ohio Governor Commutes Another Death Sentence
- Nevada Supreme Court Announces Testimony at Probation Revocation Hearing Inadmissible in Later Criminal Proceeding, by Dale Chappell
- Second Circuit Denies NYPD Qualified Immunity for Use of Military-Grade Acoustic Weapon on Peaceful Protesters, by Christopher Zoukis
- Brooklyn, New York’s Top Prosecutor Opens Door for Expungement of Pot Convictions, by Derek Gilna
- West Virginia Legislature Impeaches State Supreme Court Justices for Alleged Misconduct, by Derek Gilna
- News in Brief
- First Circuit Vacates Supervised Release Condition Effectively Prohibiting Contact with His Minor Children, by Matthew Clarke
- U.S. Supreme Court: Defendant Sentenced Pursuant to a Rule 11(c)(1)(C) Plea ‘Generally Eligible’ for Sentence Reduction when Guidelines Retroactivity Reduced, by Christopher Zoukis
- Federal Judge Orders New Orleans Municipal Court System to Reform Money Bail, by Derek Gilna
- D.C. Circuit Holds Generic Appeal Waiver Does Not Bar IAC Claim During Sentencing, by Dale Chappell
- Ninth Circuit Affirms $4 Million Verdict for Couple Shot by L.A. County Deputies During Warrantless Entry into Their Home, by Dale Chappell
- Civil Libertarians Concerned About Undisclosed FBI Research into Tattoo Recognition Technology, by Derek Gilna
- U.S. Supreme Court: Plainly Miscalculated Guidelines Range Requires Appellate Court to Vacate Sentence in the Ordinary Case, by Christopher Zoukis
- Indiana Supreme Court Announces Single Act of Resisting Police Bars Multiple Counts, Regardless of Number of Officers Involved or People Killed, by David Reutter
- Federal Judge Rules Cullman County, Alabama, Money Bond System Unconstitutional, by Derek Gilna
- Is a Florida Chief Judge Taking Cues From a Prosecutor?, by Jacqueline Azis, Somil Trivedi
- The Legacy of a Torturer, by Joan Parkin
- Report: Right to Trial Exists in Name. In Reality, Only 3% of Cases Go to Trial, by Steve Horn
- Man Who Lawfully Had Sex with Girlfriend, 17, Could Face Decades in Prison for Taking Sexually Explicit Photos of Her
- Rhode Island Supreme Court Takes on ‘Thorny Issues’ Presented by Sex Offender Registry Laws, by Christopher Zoukis
- $3 Million Federal Court Settlement: Philadelphia Agrees to End Civil Forfeiture, by Derek Gilna
- The Power of the Prosecutor: A Personal Account, by Ashley Sawyer
- Retaliation a Risk When Video Recording Police Brutality, by Kevin Bliss
- How to File a Police Complaint, by Kevin Bliss
- Kansas Supreme Court Holds Prosecutor’s Blatant Lies to Jury During Closing Argument Constituted Prosecutorial Misconduct Requiring Reversal of Murder Convictions, by Dale Chappell
- U.S. Customs and Border Protection’s New Fuzzy Math Clearly Results in Inflated Assault Figures, by Christopher Zoukis
- Federal Judge Orders Accused Hacker to Post Bail in Bitcoin or Other Cryptocurrency, by Derek Gilna
- Maryland Court of Appeals Announces Proper Procedure for In Banc Review, by Dale Chappell
- Do Las Vegas Prosecutors Routinely Ignore Discovery Disclosure Requirements?, by Matthew Clarke
- Fourth Circuit Affirms Ruling That Diagnosis of Intellectual Development Disorder Does Not Qualify as ‘Sexually Dangerous Person’ Under Federal Civil Commitment Statute, by Christopher Zoukis
- Second Circuit Rules Police Not Entitled to Qualified Immunity After Failing to Comply With Terms of Material Witness Warrant, by Kevin Bliss
- Will Groundbreaking California Bail Reform Help or Hinder Defendants’ Likelihood of Pre-Trial Release?, by Betty Nelander
- Tennessee’s Death Penalty Laws Cruel and Arbitrary, by Kevin Bliss
- Massachusetts Supreme Court Holds Seven-Year Delay and Inability to Receive Sex Offender Treatment While Awaiting SDP Trial Violates Due Process, by Dale Chappell
- New Jersey Supreme Court Holds DNA Exception Tolling Statute of Limitations Applies Only to Suspect Directly Identified by DNA, by Dale Chappell
- Texas Supreme Court Interprets State’s Expungement Statute, by David Reutter
- ACLU Sues ‘Crooked’ Public Defender in Georgia, by Edward Lyon
- Pennsylvania Police Use Hate Crime Law Against People Who Verbally Abuse Them, Dramatically Increasing Potential Jail Time, by Kevin Bliss
- Conviction Integrity Units, Innocence Commissions Tackle Wrongful Convictions, Prosecutorial Misconduct, by Steve Horn
- Documents Reveal How Law Enforcement Partners with Private Companies to Surveil Schools, by Steve Horn
More from Dale Chappell:
- Arguing Successful Federal Habeas Corpus Claims, June 1, 2025
- How to Take Your Postconviction Case Directly to the U.S. Supreme Court: A Roadmap to Direct Collateral Review, March 15, 2025
- Federal Habeas Corpus for State Prisoners: Proving Unreasonableness Under AEDPA, Feb. 1, 2025
- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
- Federal Habeas Corpus: The Evidentiary Hearing for Federal Prisoners, April 15, 2023
More from these topics:
- Sixth Circuit Holds Kentucky Deficient-Counsel Belated-Appeal Procedure Tolls Federal Habeas One-Year Limitations Period, Sept. 1, 2026. Limitations, Habeas Corpus, AEDPA, Failure to Preserve Challenge, Tolling of Statutes of Limitations and Laches.
- Ohio Supreme Court Announces Postconviction DNA-Testing Orders Need Only Identify Statutory Reason to Satisfy R.C. 2953.73(D) “Reasons” Requirement, Sept. 1, 2026. DNA Testing/Samples, Abuse of Discretion Standard, Statutory Construction/Interpretation.
- FBI Approves Rapid DNA Workflow for CODIS, Aug. 1, 2026. DNA Testing/Samples, Databases, Forensic Sciences, Evidence - Integrity/Reliability of, Scientific Testimony or Evidence.
- Florida Supreme Court Announces “Results” of Postconviction DNA Testing Under § 925.11 Include Underlying Testing Data Necessary for Expert Analysis, Holding That No Additional Burden Applies Once a Motion for Testing Has Been Granted, June 1, 2026. DNA Testing/Samples, Disclosure of Records, Public Records, Forensic Sciences, Scientific Testimony or Evidence.
- Your DNA Was at the Scene, But You Weren’t: How Touch DNA Is Convicting the Innocent, June 1, 2026. DNA Testing/Samples, junk science, Wrongful Conviction, DNA Evidence, Evidence - Admissibility, Claim of Innocence.
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026. Limitations, Habeas Corpus, AEDPA, Appealable Issues/Orders, Failure to Address/Advise Defendant.
- Swabbed at Booking, Searched for Life: How Pre-Conviction DNA Collection Built a Genetic Mass Surveillance System, April 1, 2026. DNA Testing/Samples, Databases, Effects of Mass Incarceration.
- The Unintentional Informant: Household Pets as Vectors of Human DNA, March 1, 2026. DNA Testing/Samples, Forensic Sciences, DNA Evidence, Evidence - Integrity/Reliability of, Scientific Testimony or Evidence.
- Eleventh Circuit Upholds Dismissal of Six Female Alabama Jail Detainees’ Sexual Assault Suit, Jan. 1, 2026. Jail Misconduct, Summary Judgment, Limitations, Municipal Liability, Criminal Sexual Abuse.
- Zombie Forensics: Discredited Science Stalking the Courtroom, Dec. 15, 2025. DNA Testing/Samples, junk science, Forensic Sciences, Opinions and Expert Testimony.





