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
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
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
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
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
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
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.
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