Tag: NJ Supreme Court

NJ Supreme Court to Determine If Defendants With Cannabis Expungement Are Eligible for PTI

NJ Supreme Court to Determine If Defendants With Cannabis Expungement Are Eligible for PTI

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.

NJ Supreme Court to Consider Constitutionality of Terroristic Threats Statute

NJ Supreme Court to Consider Constitutionality of Terroristic Threats Statute

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

NJ Supreme Court Clarifies Order of Waiver and Suppression Motions for Juvenile Defendants

NJ Supreme Court Clarifies Order of Waiver and Suppression Motions for Juvenile Defendants

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

NJ Supreme Court Clarifies Insurance Broker’s Duty to Inform LLC’s About Worker’s Comp

NJ Supreme Court Clarifies Insurance Broker’s Duty to Inform LLC’s About Worker’s Comp

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

NJ Supreme Court Establishes Framework for Withholding Addresses of Sexual Assault Victims

NJ Supreme Court Establishes Framework for Withholding Addresses of Sexual Assault Victims

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

NJ Supreme Court Rules Campus Police Officer Eligible for Arbitration

NJ Supreme Court Rules Campus Police Officer Eligible for Arbitration

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

In State v. Jamal Wade (A-31-21/085198) (Decided November 16, 2022), the Supreme Court of New Jersey held that it was error to admit the defendant’s statements after detectives failed to honor his invocation of the right to counsel. The court further found that the error was not harmless in light of the circumstantial nature of the evidence against defendant and his statements’ capacity to undermine his credibility before the jury.

NJ Supreme Court Order New Trial In Response to Miranda Violation

In State v. Jamal Wade (A-31-21/085198) (Decided November 16, 2022), the Supreme Court of New Jersey held that it was error to admit the defendant’s statements after detectives failed to honor his invocation of the right to counsel. The court further found that the error was not harmless in light

NJ Supreme Court to Decide Whether Joint Insurance Fund Qualifies as “Insurer”

NJ Supreme Court to Decide Whether Joint Insurance Fund Qualifies as “Insurer”

In Statewide Insurance Fund v. Star Insurance Co., the Supreme Court of New Jersey will decide under what context a joint insurance fund is considered an “insurer” under New Jersey law. The case involves insurance coverage dispute arising from a deadly accident on a Long Branch beach in 2012 which