STATE v. BURKERT

Docket No. A-5103-13T3

135 A.3d 150 (2016)

444 N.J. Super. 591

STATE of New Jersey, Plaintiff-Respondent, v. William BURKERT, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 18, 2016.


Attorney(s) appearing for the Case

Caruso Smith Picini, P.C., attorneys for appellant ( Timothy R. Smith , Fairfield, of counsel; Steven J. Kaflowitz , South Orange, on the brief).

Grace H. Park , Acting Union County Prosecutor, attorney for respondent ( Meredith L. Balo , Special Deputy Attorney General/Acting Assistant Prosecutor, of counsel and on the brief).

J. Gregory Crane and Eugene Volokh (Scott & Cyan Banister First Amendment Clinic, UCLA School of Law) of the California bar, admitted pro hac vice, attorneys for amicus curiae Pennsylvania Center for the First Amendment (Mr. Crane and Mr. Volokh, on the brief).

Before Judges LIHOTZ, NUGENT and HIGBEE.


The opinion of the court was delivered by

Following a trial de novo before the Law Division, defendant William Burkert, a former Union County corrections officer, appeals from a judgment of conviction on two counts of harassment, a petty disorderly offense, N.J.S.A. 2C:33-4(c). Defendant's conviction was based upon...

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