STATE of New Jersey, Plaintiff-Appellant and Cross-Respondent,
v.
David T. POMIANEK, Jr., Defendant-Respondent and Cross-Appellant.
Supreme Court of New Jersey.https://leagle.com/images/logo.png
Argued October 20, 2014.
Decided March 17, 2015.
Attorney(s) appearing for the Case
Ronald Susswein , Assistant Attorney General, argued the cause for appellant and cross-respondent ( John J. Hoffman , Acting Attorney General of New Jersey, attorney).
Lawrence S. Lustberg argued the cause for amicus curiae The Association of Criminal Defense Lawyers of New Jersey (Gibbons, attorneys; Mr. Lustberg and Amanda B. Protess , Newark, on the brief).
Taryn L. Weiss argued the cause for amicus curiae The Rutherford Institute (Seth Grossman & Robert Loefflad, attorneys; Mr. Grossman, on the brief).
JusticeALBIN delivered the opinion of the Court.
At issue in this appeal is the constitutionality of N.J.S.A. 2C:16-1(a)(3), a bias-crime statute that allows a jury to convict a defendant even when bias did not motivate the commission of the offense. Under the statute, a defendant may be convicted...
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