STATE v. POMIANEK

C-234 September Term 2013, 072293

80 A.3d 742 (2013)

216 N.J. 359

STATE of New Jersey, Plaintiff-Cross-Respondent, v. David T. POMIANEK, Jr., Defendant-Cross-Petitioner.

Supreme Court of New Jersey.

October 25, 2013.


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...

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