Author: Donald Scarinci

Law Enforcement & Personal Use Cannabis

Law Enforcement & Personal Use Cannabis

On April 13, 2022, the Attorney General issued a memorandum to law enforcement agencies authorizing off-duty cannabis use under the Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act.  Given the sudden and extreme departure from the norm, the memorandum was met with a broad variety of reactions.  Some expressed support,

NJ Supreme Court Rules Prior Uncounseled DWI Convictions Can’t Be Used to Enhance Sentence for Subsequent DWI Convictions

In State v. Michael A. Konecny (A-21-20/084880) (Decided April 5, 2022), the Supreme Court of New Jersey held a previous uncounseled conviction for driving while intoxicated (DWI) can’t be used to enhance a sentencing scheme for subsequent DWI convictions. The court further holds that a conviction vacated through post-conviction relief

NJ Supreme Court Grants Parole to Former Black Panther Convicted of Killing State Trooper

In Acoli v. New Jersey State Parole Board (A-73-20/083980) (Decided May 10, 2022), the Supreme Court of New Jersey granted parole to Sundiata Acoli, a former member of the Black Liberation Army who was convicted in the 1973 shooting death of a New Jersey state trooper, Werner Foerster. The court

NJ Supreme Court Rules Detectives’ Contradicting Miranda Warnings Invalidated Waiver

In State v. O.D.A.-C. (A-78-20/085608) (Decided May 2, 2022), the Supreme Court of New Jersey held that because a detective repeatedly contradicted and minimized the significance of the Miranda warnings, the State could not shoulder its heavy burden of proving the defendant’s waiver was voluntary. Facts of State v. O.D.A.-C.

NJ Supreme Court Orders New Trial on All Damages After Jury Given Erroneous Instructions

In Graphnet, Inc. v. Retarus, Inc. (A-71-20/085529) (Decided February 11, 2022), the Supreme Court of New Jersey ruled that a new trial on damages was required after the jury received confusing instructions on the purpose of nominal damages by stating in the same instructions that nominal damages compensate a plaintiff

NJ Supreme Court Rules Attorney Review Requirement for Palimony Agreements Is Unconstitutional

In Kathleen M. Moynihan v. Edward J. Lynch (A-64-20/085157) (Decided March 8, 2022), the Supreme Court of New Jersey held that N.J.S.A. 25:1-5(h)’s provision compelling parties to seek the advice of counsel — and therefore retain counsel — before signing a palimony agreement violates the substantive due process guarantee of

NJ Supreme Court Rejects Rule Requiring Police to Notify Arrestee of Potential Charges

In State v. Anthony Sims, Jr. (A-53-20/085369) (Decided March 16, 2022), the New Jersey Supreme Court rejected an Appellate Division ruling requiring police officers, prior to interrogation, to inform an arrestee of the charges that will be filed against him, even when no complaint or arrest warrant has been issued

NJ Supreme Court Rules Mode of Operation Rules Didn’t Apply to Spilled Grapes

NJ Supreme Court Rules Mode of Operation Rules Didn’t Apply to Spilled Grapes

In Aleice Jeter v. Sam’s Club (A-2-21/085880) (Decided March 17, 2022), the Supreme Court of New Jersey clarified when the “mode of operation” rule applies. Under the “mode of operation” rule, plaintiffs who bring premises liability claims against businesses that employ self-service models do not need to show that the