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STATE v. MOLCHOR

Docket Nos. A-2009-19T6, A-2010-19T6.

235 A.3d 235 (2020)

464 N.J. Super. 274

STATE of New Jersey, Plaintiff-Respondent, v. Juan C. MOLCHOR, Defendant-Appellant. State of New Jersey, Plaintiff-Respondent, v. Jose A. Rios, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided July 8, 2020.

Attorney(s) appearing for the Case

Cristina L. Vazquez , Cherry Hill, argued the cause for appellant Juan C. Molchor.

Tamar Yael Lerer , Assistant Deputy Public Defender, argued the cause for appellant Jose A. Rios ( Joseph E. Krakora , Public Defender, attorney; Tamar Yael Lerer, of counsel and on the briefs).

Jonathan I. Amira , Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for respondent ( Christine A. Hoffman , Acting Gloucester County Prosecutor, attorney; Jonathan I. Amira , of counsel and on the briefs).

Sarah C. Hunt , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( Gurbir S. Grewal , Attorney General, attorney; Sarah C. Hunt, of counsel and on the brief).

Alexander R. Shalom argued the cause for amicus curiae American Civil Liberties Union of New Jersey (American Civil Liberties Union of New Jersey, attorneys; Katherine Eliza Haas , Alexander R. Shalom, and Jeanne M. LoCicero , on the brief).

Before Judges Messano, Ostrer and Susswein.

The opinion of the court was delivered by

These consolidated pretrial detention appeals raise the question: does the Criminal Justice Reform Act (CJRA or Act), N.J.S.A. 2A:162-15 to -26, authorize a court to detain arrestees who are undocumented immigrants in order to thwart their...

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