Month: February 2023

NJ Supreme Court Clarifies When Courts Must Give Lesser-included Offense Instruction

NJ Supreme Court Clarifies When Courts Must Give Lesser-included Offense Instruction

In State v. Timothy J. Canfield (A-53-21/086644) (Decided January 11, 2023), the Supreme Court of New Jersey held that the trial court did not err in failing to instruct the jury to consider a lesser charge of passion/provocation manslaughter. However, it declined to adopt a procedural rule proposed by the

NJ Supreme Court Clarifies Motor Vehicle Commission Lacks Authority to Modify Drunk Driving Sentences

NJ Supreme Court Clarifies Motor Vehicle Commission Lacks Authority to Modify Drunk Driving Sentences

In State v. Deje M. Coviello (A-54-21/086673) (Decided January 19, 2023), the Supreme Court of New Jersey clarified which forum should decide whether a defendant should be relieved of the requirement to install an ignition interlock device (IID). The court held that the sentencing court, and not the Motor Vehicle

NJ Supreme Court Outlines Standard for Obtaining Sexual Assault Victim’s Mental Health Records

NJ Supreme Court Outlines Standard for Obtaining Sexual Assault Victim’s Mental Health Records

In State v. Terrell M. Chambers (A-35-21/086317) (Decided January 23, 2023), the Supreme Court of New Jersey addressed when defendants should be able to access a rape victim’s mental health records. The court ultimately held that a heightened discovery standard should govern a defendant’s motion for pre-incident mental health records