Tag: NJ Supreme Court

NJ Supreme Court Reverses Conviction for Promoting Organized Crime

NJ Supreme Court Reverses Conviction for Promoting Organized Crime

In State v. Kalil Cooper (A-35-22/087742) (Decided March 27, 2024), the Supreme Court of New Jersey held that the statute criminalizing the promotion of organized street crime (N.J.S.A. 2C:33-30) does not contain within it, as a predicate offense, the crime of conspiracy to distribute a controlled dangerous substance (CDS). Accordingly,

NJ Supreme Court Rules Affidavit Is Physical Evidence in Witness Tampering Case

NJ Supreme Court Rules Affidavit Is Physical Evidence in Witness Tampering Case

In State v. Isaiah J. Knight (A-39-22/087822) (Decided March 5, 2024), the Supreme Court of New Jersey held that a sought-after affidavit was physical evidence of the crimes of witness tampering and kidnapping for which the Defendant and others has been charged. Accordingly, it was subject to reciprocal discovery under Rule 3:3-13(b)(2)(B) and (D).

NJ Supreme Court Creates Distinction Between Pets and Emotional Support Animals

NJ Supreme Court Creates Distinction Between Pets and Emotional Support Animals

In Players Place II Condominium Association, Inc. v. K.P. (A-60/61-22/088139) (Decided March 15, 2024), the Supreme Court of New Jersey established a test to govern housing requests for emotional support animals, finding that they should be treated differently than pets. Under the Court’s new framework, individuals who seek an accommodation

State v. Shlawrence Ross

New Jersey Supreme Court Decides State v. Shlawrence Ross

In State v. Shlawrence Ross (A-34-22/087823) (Decided March 5, 2024), the Supreme Court of New Jersey held that prosecutors could obtain a bullet extracted from the defendant’s body via surgical procedure pursuant to a search warrant. According to the Court, the proper analysis for determining whether the State can obtain

New Jersey Supreme Court Issues Guidance on Use of AI in Courts

New Jersey Supreme Court Issues Guidance on Use of AI in Courts

The Supreme Court of New Jersey recently took the first step in regulating how attorneys use artificial intelligence (AI). The key message from the state’s highest court is that while AI technology may revolutionize the legal industry, the old rules governing attorney ethics still apply. In September, the New Jersey

NJ Supreme Court Clarifies Arbitrator’s Authority Under Tenure Employees Hearing Law

NJ Supreme Court Clarifies Arbitrator’s Authority Under Tenure Employees Hearing Law

In Sanjuan v. School District of West New York (A-45-22/087515) (Decided February 12, 2024), the Supreme Court of New Jersey clarified an arbitrator’s authority under the Tenure Employees Hearing Law. According to the court, the statute provides the basis to refer a case to arbitration but does not limit an

NJ Supreme Court Holds Fleeing Defendant Lacked Standing to Challenge Warrantless Search of Abandoned Suitcase

NJ Supreme Court Holds Fleeing Defendant Lacked Standing to Challenge Warrantless Search of Abandoned Suitcase

In State v. Curtis L. Gartrell (A-31-22/087597) (Decided January 17, 2024), the Supreme Court of New Jersey held that a defendant who left a suitcase behind when fleeing police did not have standing to challenge law enforcement’s warrantless search of the bag. Facts of State v. Gartell During the evening

NJ Supreme Court Rules Casino’s Business Interruption Insurance Doesn’t Cover COVID-19 Losses

NJ Supreme Court Rules Casino’s Business Interruption Insurance Doesn’t Cover COVID-19 Losses

In AC Ocean Walk v. American Guarantee and Liability Insurance, (A-28-22/087304) (Decided January 24, 2024), the Supreme Court of New Jersey held that the presence of the COVID-19 virus did not constitute the kind of “direct physical loss or damage” required to support a business-interruption insurance claim. Facts of AC