Jhanice V. Domingo Appeared Before New Jersey Supreme Court in State vs. Rosado and Quoted in New Jersey Monitor

Jhanice V. Domingo, partner at Pashman Stein Walder Hayden P.C., recently represented the Association of Criminal Defense Lawyers of New Jersey (Amicus) in State vs. Rosado before the New Jersey Supreme Court. Domingo’s representation of ACDL-NJ was through the organization’s partnership with the firm’s Stein Public Interest Center under the direction of Director CJ Griffin.

The New Jersey Monitor published an article titled "NJ Supreme Court Weighs Time Restrictions on Sex Assault and DNA Cases," covering the case. The article delves into the use of DNA evidence, which recently led to the identification of a suspect in an unsolved 1990 rape and murder case of a young woman in Wildwood. The legal dispute centers on whether prosecution of the Millville man arrested constitutes a constitutional violation since the alleged sexual assault occurred more than 30 years and the statute of limitations for prosecuting the alleged crime expired in 1995. The New Jersey Supreme Court now faces the decision of either upholding the Appellate Division’s dismissal or reinstating Rosado's case under legislative amendments enacted since the victim’s death.

In addressing the Justices, Domingo emphasized the significance of the ex-post-facto clause of the United States and New Jersey constitutions, which safeguards against potential abuse or overreach by the legislative branch. Domingo argued, “What the state is looking to accomplish here undermines the very fabric of our criminal justice system. The state is seeking to remove the constitutional safeguard of the ex-post-facto clause in order to prosecute an alleged crime that happened more than 30 years ago and is time-barred,” said Domingo.

To read the full article, click here.