Tag: NJ Supreme Court

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

NJ Supreme Court Addresses Legality of Corporal Punishment

NJ Supreme Court Addresses Legality of Corporal Punishment

In State v. A.L.A.,(A-3-21/085500)(Decided August 18, 2022), the New Jersey Supreme Court held that in child endangerment cases, as well as simple assault cases, courts must instruct juries that reasonable corporal punishment is legal. Because the jury in the case could not have understood that the reasonable corporal punishment language in

NJ Supreme Court Agrees to Hear Facebook Case Challenging Communication Data Warrants

NJ Supreme Court Agrees to Hear Facebook Case Challenging Communication Data Warrants

The Supreme Court of New Jersey recently agreed to hear appeals from both sides in a closely watched case involving law enforcement access to social media accounts. The specific issue in Facebook, Inc. v. State of New Jersey is whether police can obtain prospective electronic communications from a Facebook account

NJ Supreme Court Rejects Ban on Lost Profits Damages for New Businesses

NJ Supreme Court Rejects Ban on Lost Profits Damages for New Businesses

In Larry Schwartz v. Nicholas Menas, Esq. (A-54/55-20/085184) (Decided August 17, 2022), the Supreme Court of New Jersey rejected a per se ban on claims by new businesses for lost profits damages. According to the court, claims for lost profits damages are governed by the standard of reasonable certainty and

NJ Supreme Court Rules Hot Pursuit Did Not Justify Warrantless Search

In State v. Bookman, (A-32-21/085775) (Decided August 24, 2022), the Supreme Court of New Jersey held that police officers were not justified in entering a third party’s home when the subject fled when officers attempt to execute an Automated Traffic System warrant (ATS). The court, however, refused to adopt a bright-line rule