STATE v. A.M.

A-56 September Term 2021 A-57 September Term 2021 087057 087088.

286 A.3d 660 (2023)

252 N.J. 432

STATE of New Jersey, Plaintiff-Appellant, v. A.M., Defendant-Respondent. State of New Jersey, Plaintiff-Appellant, v. Eddie L. Oliver, a/k/a Damany Al Kamua, Defendant-Respondent.

Supreme Court of New Jersey.

Decided January 9, 2023.


Attorney(s) appearing for the Case

Tiffany M. Russo , Assistant Prosecutor, argued the cause for appellant in State v. A.M. (A-56-21) ( Robert J. Carroll , Morris County Prosecutor, attorney; Tiffany M. Russo , on the briefs).

Frank J. Ducoat , Special Deputy Attorney General/Acting Assistant Prosecutor, argued the cause for appellant in State v. Eddie L. Oliver (A-57-21) ( Theodore N. Stephens, II , Acting Essex County Prosecutor, attorney; Frank J. Ducoat , of counsel and on the briefs).

Alison Gifford , Assistant Deputy Public Defender, argued the cause for respondent A.M. in State v. A.M. (A-56-21) and respondent Eddie L. Oliver in State v. Eddie L. Oliver (A-57-21) ( Joseph E. Krakora , Public Defender, attorney; Alison Gifford , of counsel and on the briefs).

Angela Cai , Deputy Solicitor General, argued the cause for amicus curiae Attorney General of New Jersey in State v. A.M. (A-56-21) and State v. Eddie L. Oliver (A-57-21) ( Matthew J. Platkin , Acting Attorney General, attorney; Angela Cai and Lauren Bonfiglio , Deputy Attorney General, of counsel and on the brief).

Dyanne Veloz Lluch argued the cause for amicus curiae New Jersey Crime Victims' Law Center in State v. A.M. (A-56-21) and State v. Eddie L. Oliver (A-57-21) (New Jersey Crime Victims' Law Center, attorneys; Richard D. Pompelio , of counsel and on the brief, and Dyanne Veloz Lluch , on the brief).

Daniel D. Barnes argued the cause for amicus curiae V.M. in State v. A.M. (A-56-21) (Chiesa Shahinian & Giantomasi, attorneys; Daniel D. Barnes , on the brief).

Alexander Shalom argued the cause for amicus curiae American Civil Liberties Union of New Jersey in State v. A.M. (A-56-21) and State v. Eddie L. Oliver (A-57-21) (American Civil Liberties Union of New Jersey Foundation, attorneys; Alexander Shalom and Jeanne LoCicero , on the brief).

Barry Evenchick argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey in State v. A.M. (A-56-21) and State v. Eddie L. Oliver (A-57-21) (Pashman Stein Walder Hayden, attorneys; CJ Griffin on the brief).


The Legislature enacted the Compassionate Release Act, N.J.S.A. 30:4-123.51e, in 2020. The new law provides for the release of inmates who suffer from a medical condition so severe that they are incapable of committing a crime and, in certain cases, would not pose a threat to public safety...

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