In State v. Terrell M. Chambers (A-35-21/086317) (Decided January 23, 2023), the Supreme Court of New Jersey addressed when defendants should be able to access a rape victim’s mental health records. The court ultimately held that a heightened discovery standard should govern a defendant’s motion for pre-incident mental health records
In W.S. v. Derek Hildreth (A-46-21/086633) (Decided January 18, 2023), the Supreme Court of New Jersey held that child sexual abuse survivors who file a Child Sexual Abuse Act (CSAA) complaint against a public entity after December 1, 2019 — even if their cause of action accrued much earlier —
The Supreme Court of New Jersey is poised to consider one of several key criminal law issues that has arisen in the wake of the state’s efforts to expunge low-level marijuana convictions. The key issue before the court in the consolidated cases of State v. Richard Gomes and State v.
The New Jersey Supreme Court recently announced that it has granted certification in a case challenging the terroristic threats statute, N.J.S.A. 2C:12-3(a), which criminalizes a threat to commit a crime of violence made “in reckless disregard of the risk of causing…terror.” The Appellate Division found the statute to be constitutionally
In State in the Interest of E.S. (A-41/42-21/086554) (Decided November 22, 2022), the Supreme Court of New Jersey addressed whether the trial court abused its discretion by choosing to hear the State’s motion to waive family court jurisdiction and prosecute a juvenile defendant as an adult before hearing his motion
In Nancy L. Holm v. Daniel M. Purdy (A-39-21/086229) (Decided December 13, 2022), the Supreme Court of New Jersey held that N.J.S.A. 34:15-36 imposes a non-waivable duty on insurance brokers to inform new LLC members of the availability of workers’ compensation coverage and the right to elect such coverage. The
In State v. Oscar Ramirez (A-1-21/085943) (Decided November 21, 2022), the Supreme Court of New Jersey established a new framework of procedures and considerations that courts must use when prosecutors seek to protect the home addresses of sexual assault victims during the discovery process. As described by the court, the
In In the Matter of Officer Gregory DiGuglielmo & New Jersey Institute of Technology (A-33-21/085064) (Decided November 28, 2022), the Supreme Court of New Jersey held that special disciplinary arbitration administered by the Public Employment Relations Commission (PERC) is available to police officers at public colleges and universities when appealing
