New Jersey v. Ikerd
New Jersey Superior Court, Appellate Division
850 A.2d 516 (2004)
- Written by Haley Gintis, JD
Facts
In 1998, Simmone Ikerd (defendant) was convicted of welfare fraud and sentenced to a five-year probation period during which time it was mandated that she complete a drug-treatment program and pay restitution. Ikerd failed to comply with the conditions of probation, which resulted in a reported violation of probation (VOP) and a subsequent hearing to reconsider Ikerd’s sentence. At the time of the second hearing, Ikerd was 11 weeks pregnant, and although she remained drug addicted, the fetus was determined to be viable. The State of New Jersey (plaintiff) requested that Ikerd be sentenced to incarceration for her own health and the health of the fetus. Ikerd requested that she remain on probation so that she could finish her drug treatment provided by a methadone clinic. The trial judge sentenced Ikerd to a three-year prison term, explaining that it was the best way to prevent Ikerd from committing any other crimes and accessing drugs in order to ensure the health of the fetus. Ikerd appealed the sentence.
Rule of Law
Issue
Holding and Reasoning (Payne, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.