Author: Donald Scarinci

NJ Supreme Court Rules Juries Not Required to Explain Rejection of Self-Defense Claims

NJ Supreme Court Rules Juries Not Required to Explain Rejection of Self-Defense Claims

In State v. Joseph S. Macchia (A-49-21/086334) (Decided March 16, 2023), the Supreme Court of New Jersey held that juries are not required to unanimously agree on why they reject a claim of self-defense or explain their reasoning. The court’s decision was unanimous. Facts of State v. Macchia Defendant Joseph

NJ Supreme Court Rules Township Improperly Designated Library for Redevelopment

NJ Supreme Court Rules Township Improperly Designated Library for Redevelopment

In Malanga v. Township of West Orange (A-45-21/086087) (Decided March 13, 2023), the Supreme Court of New Jersey held that the Township of West Orange improperly designated the site of the West Orange Public Library as an area in need of redevelopment under the Local Redevelopment and Housing Law (LRHL).

NJ Supreme Court Confirms Warrantless Vehicle Search Requires Unforeseeable and Spontaneous Circumstances

NJ Supreme Court Confirms Warrantless Vehicle Search Requires Unforeseeable and Spontaneous Circumstances

In State v. Kyle A. Smart (A-6-22/087315) (Decided March 8, 2023), the Supreme Court of New Jersey held that the automobile exception to the warrant requirement, as set forth in State v. Witt, 223 N.J. 409 (2015), did not permit the warrantless search of defendant Kyle Smart’s vehicle after an

NJ Supreme Court Rules Self-Insurance Is Not the Same as “Other Insurance”

NJ Supreme Court Rules Self-Insurance Is Not the Same as “Other Insurance”

In Statewide Insurance Fund v. Star Insurance Company (A-62-21/086440) (Decided February 16, 2023), the Supreme Court of New Jersey held that a public entity joint insurance fund (JIF) established under the Joint Insurance Fund Act affords liability protection to public entities through “self-insurance,” not insurance. Accordingly, the “other insurance” clause

New Jersey Supreme Court Clarifies Cannabis Expungement

New Jersey Supreme Court Clarifies Cannabis Expungement

In State v. Richard Gomes (A-64/65-21/087192) (Decided February 14, 2023), the Supreme Court of New Jersey unanimously held that defendants who received conditional discharges for marijuana offenses before the 2021 adoption of the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (CREAMMA), are not statutorily ineligible for admission into the

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