Category: NJ Supreme Court Reporter

NJ Supreme Court Rules Hot Pursuit Did Not Justify Warrantless Search

In State v. Bookman, (A-32-21/085775) (Decided August 24, 2022), the Supreme Court of New Jersey held that police officers were not justified in entering a third party’s home when the subject fled when officers attempt to execute an Automated Traffic System warrant (ATS). The court, however, refused to adopt a bright-line rule

NJ High Court Clarifies Standard for Compassionate Release Statute

In State v. F.E.D. (A-12-21/086187) (Decided August 3, 2022), the Supreme Court of New Jersey held that the State’s Compassionate Release Statute does not require that an inmate prove that he is unable to perform any activity of basic daily living in order to establish a “permanent physical incapacity” under

NJ Supreme Court Overturns Murder Conviction After Finding Right to Counsel Violated

In State v. Quinnizel J. Clark (A-67-20/A-37-21/085271) (Decided June 20, 2022), the Supreme Court of New Jersey vacated the murder conviction of Defendant Quinnizel Clark and granted him a new trial after finding that his right to counsel was violated. According to the court, once the defendant invoked his right

NJ Supreme Court Holds City Council Required to Fill Vacant Seat Under Municipal Vacancy Law

In Linden Democratic Committee v. City of Linden (A-30-21/086255) (Decided July 6, 2022), the Supreme Court of New Jersey clarified the state’s Municipal Vacancy Law. It held that the New Jersey Legislature’s 1990 amendments removed a governing body’s discretion to keep vacant a seat previously occupied by a nominee of

NJ Supreme Court Rules “High Crime Area” Didn’t Justify Investigative Stop

In State v. Nazier D. Goldsmith (A-77-20/085636) (DecidedJuly 5, 2022), the Supreme Court of New Jersey held that the information the officers possessed at the time of the stop, which included the defendant’s presence in a “high crime area,” did not amount to specific and particularized suspicion that the defendant

NJ Supreme Court Rules Traffic Stop for Window Tint Was Unconstitutional

In State v. David L. Smith (A-4-21/085635) (Decided June 28, 2022), the Supreme Court of New Jersey held that a purported violation of N.J.S.A. 39:3-74 based on tinted windows did not justify the Trenton Police Department’s investigatory stop of a motor vehicle. The court further held that, going forward, a

New Jersey Supreme Court Rule Victim Count Is Irrelevant to Leaving the Scene of Accident Charges

New Jersey Supreme Court Rule Victim Count Is Irrelevant to Leaving the Scene of Accident Charges

In State v. Rashaun Bell (A-75-20/084657) (Decided May 16, 2022), the Supreme Court of New Jersey held that N.J.S.A. 2C:11-5.1, which criminalizes the act of leaving the scene of an accident resulting “in the death of another person,” can’t be charged separately for each victim killed in a single accident.

NJ Supreme Court Clarifies Affidavit of Merit Requirement for Vicarious Liability Claims

NJ Supreme Court Clarifies Affidavit of Merit Requirement for Vicarious Liability Claims

In Haviland v. Lourdes Medical Center of Burlington County, Inc., (A-70-20/085419)(Decided April 12, 2022), the Supreme Court of New Jersey held that plaintiffs are not required to serve an Affidavit of Merit (AOM) against defendant health care facilities for claims of vicarious liability arising from the negligent conduct of an