In State v. Joao C. Torres (A-15-22/086812) (Decided May 4, 2023), the Supreme Court of New Jersey addressed when law enforcement may conduct warrantless searches of a person incident to an arrest. It adopted the two-factor test set forth in State v. Lentz, 463 N.J. Super. 54, 70 (App. Div.
In State v. Anthony Miranda (A-67-21/086773) (Decided by May 3, 2023), the Supreme Court of New Jersey held that the exigent-circumstances exception to the warrant requirement failed to justify an officer’s search of the defendant’s bag or the seizure of the weapons in that bag. Facts of State v. Miranda
The Supreme Court of New Jersey recently heard oral arguments in State v. Jason M. O’Donnell, which involves the state’s bribery statute. The issue before court is whether a candidate who loses an election was still be convicted of accepting a bribe under NJSA 2C:27-2. Facts of State v. Jason
In New York v. New Jersey, the U.S. Supreme Court held that New Jersey can’t withdraw from its Waterfront Commission Compact with New York, at least not yet. The justices granted the State of New York’s motion for preliminary relief, enjoining the State of New Jersey from unilaterally withdrawing from
In In re Alleged Failure of Altice U.S., Inc., the Supreme Court of New Jersey held that Section 543(a)(1) of the Cable Act does not preempt the proration requirement in N.J.A.C. 14:18-3.8. According to the state’s highest court, the regulation does not regulate “rates for the provision of cable service,” but rather
In State v. Andre Higgs (A-28-21/085863) (Decided March 30, 2023), the Supreme Court of New Jersey ruled that the trial court made three errors that warranted a new trial for Defendant Andre Higgs, who had been convicted of murder. One of the errors involved being denied access to an on-scene
In State v. Joseph S. Macchia (A-49-21/086334) (Decided March 16, 2023), the Supreme Court of New Jersey held that juries are not required to unanimously agree on why they reject a claim of self-defense or explain their reasoning. The court’s decision was unanimous. Facts of State v. Macchia Defendant Joseph
In State v. Kyle A. Smart (A-6-22/087315) (Decided March 8, 2023), the Supreme Court of New Jersey held that the automobile exception to the warrant requirement, as set forth in State v. Witt, 223 N.J. 409 (2015), did not permit the warrantless search of defendant Kyle Smart’s vehicle after an
