This should have been in the previous post. The Supreme Court granted certification in State v. Rosado. The questioned presented, as phrased by the Supreme Court Clerk’s office, is “Does the 2002 amendment to N.J.S.A. 2C:1-6, L. 2001, c. 308, ยง 1, which states that the statute of limitations does not begin to run until the State ‘is in possession of both the physical evidence and the DNA or fingerprint evidence necessary to establish the identification of the actor by means of comparison to the physical evidence,’ apply where defendant is charged with a sexual assault that occurred in 1990, when the limitations period was five years, and if so, does applying the 2002 amendment violate the ex post facto clauses of the federal and State constitutions?” In an opinion reported at 475 N.J. Super. 266 (App. Div. 2023), and discussed here, the Appellate Division held that the amendment could not apply.
And One More Thing …
