NJ Supreme Court Reporter Archives - Page 15 of 40

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NJ Supreme Court to Clarify What Constitutes Custodial Interrogation Requiring Miranda Warnings

On November 1, 2022November 1, 2022 By Donald Scarinci

The Supreme Court of New Jersey recently granted certification in State v. Keogh. The case involves the distinction between investigative questioning and custodial interrogation for the purposes of determining whether a Miranda warning is required. Facts of the Case At approximately 7:36 p.m., the Bound Brook Police Department was dispatched

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NJ Supreme Court Hears Oral Arguments on Whether NJIT Officer Entitled to Arbitration

On October 27, 2022October 27, 2022 By Donald Scarinci

On September 28, 2022, the Supreme Court of New Jersey held oral arguments in In the Matter of Officer Gregory DiGuglielmo and New Jersey Institute of Technology. The case involves whether a campus police officer who was terminated by the New Jersey Institute of Technology because of alleged non-criminal misconduct

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NJ Supreme Court Addresses Legality of Corporal Punishment

On October 19, 2022October 19, 2022 By Donald Scarinci

In State v. A.L.A.,(A-3-21/085500)(Decided August 18, 2022), the New Jersey Supreme Court held that in child endangerment cases, as well as simple assault cases, courts must instruct juries that reasonable corporal punishment is legal. Because the jury in the case could not have understood that the reasonable corporal punishment language in

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NJ Supreme Court Agrees to Hear Facebook Case Challenging Communication Data Warrants

On October 4, 2022October 4, 2022 By Donald Scarinci

The Supreme Court of New Jersey recently agreed to hear appeals from both sides in a closely watched case involving law enforcement access to social media accounts. The specific issue in Facebook, Inc. v. State of New Jersey is whether police can obtain prospective electronic communications from a Facebook account

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NJ Supreme Court Rules Hot Pursuit Did Not Justify Warrantless Search

On September 7, 2022September 7, 2022 By Donald Scarinci

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

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NJ High Court Clarifies Standard for Compassionate Release Statute

On August 30, 2022August 30, 2022 By Donald Scarinci

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

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

On August 4, 2022August 5, 2022 By Donald Scarinci

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

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

On July 27, 2022August 5, 2022 By Donald Scarinci

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

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