April 22, 2014

IN THE MATTER OF FREDDIE B. FRAZIER, DEPARTMENT OF CORRECTIONS A-3099-11T3


IN THE MATTER OF FREDDIE B. FRAZIER, DEPARTMENT OF CORRECTIONS
A-3099-11T3
After extensive litigation resulting in one prior published and one unpublished appellate opinion, we determine that a Senior Correction Officer was properly removed from his position, which requires the ability to use a gun, because he was convicted in 2000 of a disorderly persons offense involving domestic violence. A 2004 amendment to N.J.S.A. 2C:39-7(b)(2) makes it a third-degree crime for a person convicted of an offense involving domestic violence to possess or carry a gun. We hold that this statute applies to Frazier and reject his arguments that his removal is barred by res judicata, collateral estoppel, the entire controversy doctrine or ex post facto prohibitions. 3/14/14 

No comments: