Tag: NJ Supreme Court

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

NJ Supreme Court to Hear Internal Affairs Records Case

NJ Supreme Court to Hear Internal Affairs Records Case

The Supreme Court of New Jersey has agreed to consider a public records case involving the internal affairs file of a Neptune police officer. The specific issue before the court in Gannett Satellite Information Network, LLC v. Township of Neptune is whether disclosure is required under the common law right

NJ Supreme Court to Clarify Whether Candidates Can Face Criminal Charges for Accepting Bribes

NJ Supreme Court to Clarify Whether Candidates Can Face Criminal Charges for Accepting Bribes

The Supreme Court of New Jersey recently agreed to consider State v. Jason M. O’Donnell, which involves whether a candidate who loses an election was still be convicted of accepting a bribe. Facts of the Case A grand jury charged defendant Jason M. O’Donnell with a violation of N.J.S.A. 2C:27-2,

NJ Supreme Court Addresses COVID-19 Impact on Right to Speedy Trial

NJ Supreme Court Addresses COVID-19 Impact on Right to Speedy Trial

In State v. Marcus S. Mackroy-Davis (A-43-21/086626) (Decided June 27, 2022), the Supreme Court of New Jersey addressed the impact of the COVID-19 pandemic on a defendant’s right to a speedy trial. The court acknowledged that the defendant’s trial was subject to multiple delays, most of which resulted from the

NJ Supreme Court to Clarify What Constitutes Custodial Interrogation Requiring Miranda Warnings

NJ Supreme Court to Clarify What Constitutes Custodial Interrogation Requiring Miranda Warnings

The Supreme Court of New Jersey recently granted certification in State v. Keogh. The case involves the distinction between investigative questioning and custodial interrogation for the purposes of determining whether a Miranda warning is required. Facts of the Case At approximately 7:36 p.m., the Bound Brook Police Department was dispatched