State v. S.J.C.

The New Jersey Appellate Division affirmed the denial of the defendant’s motion to dismiss the indictment. The State indicted the defendant four months after the East Orange Police Department (EOPD) issued complaint-warrants, seven years after the alleged victim reported the crimes to the EOPD, and fourteen years after the last incident of sexual abuse allegedly occurred. The Appellate Division ruled that the defendant failed to demonstrate “actual prejudice” under the second prong of the test announced in State v. Townsend, 186 N.J. 473 (2006). Therefore, the State’s delay in seeking the indictment did not violate the defendant’s due process rights.

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