Tag: 2023

NJ Supreme Court Reinstates NJLAD Claims Over Student Sexual Assault

NJ Supreme Court Reinstates NJLAD Claims Over Student Sexual Assault

In C.V. v. Waterford Township Board of Education, (A-24-22/087260) (Decided September 13, 2023), the Supreme Court of New Jersey reinstated a sex discrimination claim brought under the New Jersey Law Against Discrimination (NJLAD) by the parents of a sexual assault victim. In reaching its decision, the court confirmed that sexual

NJ Supreme Court Sets Guidelines for Use of Remote Interpreters

NJ Supreme Court Sets Guidelines for Use of Remote Interpreters

In State v. Oscar R. Juracan-Juracan (A-32-22/087849), the Supreme Court of New Jersey held that there is a presumption that foreign language interpretation services will be provided in person during a criminal trial, citing the New Jersey Judiciary’s longstanding practice. Accordingly, the court set forth guidelines and factors to assist

NJ Supreme Court Establishes Procedure for a Prima Facie Showing of Cohabitation

NJ Supreme Court Establishes Procedure for a Prima Facie Showing of Cohabitation

In Cardali v. Cardali (A-25-22/087340) (Decided August 8, 2023), the Supreme Court of New Jersey clarified what is needed to obtain discovery in a motion seeking to terminate or suspend alimony payment. Under the court’s decision, a movant need not present evidence on all of the cohabitation factors in order

NJ Supreme Court Declines to Alter Double Jeopardy Jurisprudence

NJ Supreme Court Declines to Alter Double Jeopardy Jurisprudence

In State v. Stephen A. Zadroga (A-22-22/087156) (Decided August 9, 2023), the Supreme Court of New Jersey held that double jeopardy did not bar the retrial of defendant Stephen A. Zadroga. In reaching its decision, the court declined to adopt a per se rule that whenever a mistrial follows the

NJ Supreme Court Rules Catholic School Justified in Terminating Teacher

NJ Supreme Court Rules Catholic School Justified in Terminating Teacher

In Crisitello v. St. Theresa School (A-63-20) (085213) (Decided August 14, 2023), the Supreme Court of New Jersey held that a Catholic school could terminate a teacher for having premarital sex. According to the state’s highest court, the termination was legal under the New Jersey Law Against Discrimination’s (LAD) “religious

NJ Supreme Court Limits First-Time In-Court Identifications

NJ Supreme Court Limits First-Time In-Court Identifications

In State v. Quintin D. Watson (A-23-22/087251) (Decided August 2, 2023), the Supreme Court of New Jersey held that first-time in-court identifications may only be conducted when there is good reason for them. In addition, before attempting to conduct a first-time in-court identification, the State must give fair notice to

NJ Supreme Court Clarifies IAD’s Speedy Trial Rights

NJ Supreme Court Clarifies IAD’s Speedy Trial Rights

In State v. Rami A. Amer (A-9-22/086950) (Decided July 3, 2023), the Supreme Court of New Jersey clarified defendants’ speedy trial rights under the Interstate Agreement on Detainers (IAD), an interstate compact addressing the transfer of a prisoner from the jurisdiction in which he is incarcerated to another jurisdiction in

NJ Supreme Court Rules Marijuana Odor Didn’t Justify Warrantless Engine and Trunk Search

NJ Supreme Court Rules Marijuana Odor Didn’t Justify Warrantless Engine and Trunk Search

In State v. Cornelius C. Cohen (A-50-21/084493) (Decided June 22, 2023), the Supreme Court of New Jersey held that the odor of marijuana in a vehicle did not authorizes a search of the engine compartment and trunk under the automobile exception to the warrant requirement. Facts of State v. Cohen