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A-20-22

A-20-22 State v. Calvin Fair (086617)

Is the portion of the terroristic threats statute, N.J.S.A. 2C:12-3(a), which criminalizes a threat to commit a crime of violence made “in reckless disregard of the risk of causing . . . terror,” unconstitutionally overbroad and did the jury instructions fail to ensure a unanimous verdict?

[Note:  This matter has been accelerated by order of the Court and a peremptory briefing schedule is imposed.  Any motion for leave to appear as amicus curiae shall be served and filed, with the proposed amicus brief, on or before 12/22/22.  Such filings shall be submitted to the Clerk’s Office through eCourts Supreme.  For information about submitting an amicus filing, please call the Clerk’s Office at (609)815-2955.  No further submissions shall be accepted unless requested by the Court.]

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  • Appeal as of right : Nov. 14, 2022
  • Posted: Nov. 14, 2022
  • Argued: Sept. 12, 2023
  • Decided: Jan. 16, 2024