In State v. James Comer (A-42-20/) and State v. James C. Zarate (A-43-20/084516), decided January 10, 2021, the Supreme Court of New Jersey overhauled the framework for sentencing juveniles convicted as adults under the state’s homicide statute. Under the court’s holding, juvenile offenders convicted under the law will be permitted
In State v. Cynthia Rivera (A-7-20/084419) (Decided December 29, 2021), the Supreme Court of New Jersey held that a defendant’s youth may be considered only as a mitigating factor in sentencing and can’t support an aggravating factor. Facts of State v. Rivera Defendant Cynthia Rivera admitted to planning and participating
The Supreme Court of New Jersey has agreed to address whether campus police should be considered police forces like those serving New Jersey municipalities. The specific issue before the court in In the Matter of Gregory DiGuglielmo and New Jersey Institute of Technology is whether a campus police officer who
In the Matter of John J. Robertelli (D-126-19/084373) (Decided September 21, 2021), the Supreme Court of New Jersey dismissed ethics charges against an attorney who allegedly used his paralegal to contact an opposing party via Facebook. While attorneys can no longer plead ignorance regarding social media, the court held that
In H.C. Equities, LP v. County of Union (A-1/2-20/084556) (Decided July 19, 2021), the Supreme Court of New Jersey held that multiple documents cannot collectively constitute effective notice of a tort claim under the Tort Claims Act (TCA or Act). TCA Notice Requirements The TCA requires a claimant seeking to
In State v. Dangcil (A-56-20/085665) (Decided August 16, 2021), the Supreme Court of New Jersey rejected defendant Wildemar A. Dangcil’s challenges to the hybrid jury-selection process implemented by the New Jersey Judiciary in response to the COVID-19 pandemic. The court unanimously held that the process did not deprive him of
In Estate of Hiram A. Gonzalez v. City of Jersey City (A-19-20/084381) (Decided August 4, 2021), the Supreme Court of New Jersey held that the immunities from liability provided by the Good Samaritan Act, a statute that immunizes officers from civil or criminal liability for assisting persons intoxicated in a
In State v. Zakariyya Ahmad (A-54-19/083736) (Decided June 15, 2021), the Supreme Court of New Jersey held that because a reasonable 17-year-old in the defendant’s position would have believed he was in custody and not free to leave Miranda warnings were required. The court further held it was harmful error
