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Third Circuit: Defendant Not on Rental Agreement Had Reasonable Expectation of Privacy in Car Because He Had Dominion and Control of Car Where Renter Gave Keys to Him, He Was in Possession of Them Upo...

Article • February 15, 2024 • from CLN February, 2024

Filed under: Third-party Consent, Searches - Automobile, Rental; Cars, Privacy Right, Third Party Consent

Third Circuit: Defendant Not on Rental Agreement Had Reasonable Expectation of Privacy in Car Because He Had Dominion and Control of Car Where Renter Gave Keys to Him, He Was in Possession of Them Upon Arrest, and Car Parked Nearby by Anthony Accurso by Anthony W. Accurso The U.S. Court …

New Jersey Takes First Steps in Eliminating Public Defender Fees

Article • November 1, 2023 • from CLN November, 2023

Filed under: Attorney Fees (PLRA)

New Jersey Takes First Steps in Eliminating Public Defender Fees by Jordan Arizmendi by Jordan Arizmendi Although advocates say there is still work to do to ensure New Jersey public defenders don’t come with a price tag attached, New Jersey Governor Phil Murphy (D) took the first giant step earlier …

New Jersey Supreme Court Announces Presumption in Favor of In-Person Interpreter for Criminal Trials and Issues Guidelines for Use of Video Remote Interpreting

Article • November 1, 2023 • from CLN November, 2023

Filed under: Interpreters, Video-Conferencing, Sentencing by Videoconferencing

New Jersey Supreme Court Announces Presumption in Favor of In-Person Interpreter for Criminal Trials and Issues Guidelines for Use of Video Remote Interpreting by Matthew Clarke by Matt Clarke In a case of first impression, the Supreme Court of New Jersey held that there is a presumption in favor of …

Third Circuit Announces COA Required for Federal Prisoner Appealing District Court’s Choice of Remedy in § 2255 Proceeding

Article • November 1, 2023 • from CLN November, 2023

Filed under: U.S. Sentencing Guidelines, Appealable Issues/Orders, Certificate of Appealability

Third Circuit Announces COA Required for Federal Prisoner Appealing District Court’s Choice of Remedy in § 2255 Proceeding by Douglas Ankney by Douglas Ankney In a case of first impression in the Circuit, the U.S. Court of Appeals for the Third Circuit held that a federal prisoner appealing a District …

News in Brief

Article • October 1, 2023 • from CLN October, 2023

Filed under: News in Brief

News in Brief by Arizona: According to information attained by Hatewatch, the leader of the extremist Constitutional Sheriffs and Peace Officers Association emailed a video regarding an investigation into his son which could potentially cause the father to be prosecuted. Richard Mack sent a video of his son’s alleged child …

New Jersey Supreme Court: Third-Party’s Apparent Authority to Consent to Search Premises Does Not Extend to Defendant’s Personal Property Located on Premises

Article • September 1, 2023 • from CLN September, 2023

Filed under: Consent, Consent Searches

New Jersey Supreme Court: Third-Party’s Apparent Authority to Consent to Search Premises Does Not Extend to Defendant’s Personal Property Located on Premises by Anthony Accurso by Anthony W Accurso The Supreme Court of New Jersey held that a third party, with property in a storage trailer shared with the defendant, …

News in Brief

Article • August 1, 2023 • from CLN August, 2023

Filed under: News in Brief

News in Brief by California: The District Attorney for Los Angeles County, George Gascón, announced that a police officer in San Fernando was charged with theft. CBS News reported that the officer, Jeffrey King, 37, was handed charges on June 6, 2023, of misdemeanor petty theft, felony extortion, and felony …

News in Brief

Article • May 15, 2023 • from CLN June, 2023

Filed under: News in Brief

News in Brief by Arkansas: The DOJ announced on Jan. 24, 2023, that two former police officers in Crawford County were charged with excessive use of force after beating a man at a gas station. The New York Times reported that the two former officers, Zackary King and Levi White, …

New Jersey Supreme Court: Allowing Jury to Hear Defendant’s Invocation of Right to Counsel in Recorded Statement Together With Prosecutor Inferring Guilt Based on Request for Counsel Entitles Defendan...

Article • March 15, 2023 • from CLN April, 2023

Filed under: Jury Instructions, New Trial Motions, Counsel - Right to, Perjury/Perjured Testimony

New Jersey Supreme Court: Allowing Jury to Hear Defendant’s Invocation of Right to Counsel in Recorded Statement Together With Prosecutor Inferring Guilt Based on Request for Counsel Entitles Defendant to New Trial by Jacob Barrett by Jacob Barrett The Supreme Court of New Jersey reversed the convictions and sentence of …

New Jersey Supreme Court Announces Adoption of Daubert-Type Standard for Criminal and Quasi-Criminal Cases in Assessing Admissibility of Expert Evidence Under Rule 702

Article • March 15, 2023 • from CLN April, 2023

Filed under: Daubert Standards

New Jersey Supreme Court Announces Adoption of Daubert-Type Standard for Criminal and Quasi-Criminal Cases in Assessing Admissibility of Expert Evidence Under Rule 702 by Richard Resch by Richard Resch The Supreme Court of New Jersey unanimously adopted a Daubert-type standard for determining the admissibility of expert evidence under New Jersey …

News in Brief

Article • February 15, 2023 • from CLN March, 2023

Filed under: News in Brief

News in Brief by Alabama: The DOJ Civil Rights Division announced on Oct. 21, 2022, that a former sheriff’s deputy in Dallas County was charged with kidnapping and sexually assaulting a woman in the middle of the day on Jan. 30, 2020. The Miami Herald reported that the then-active deputy, …

New Jersey Supreme Court: Edwards Violation When Police Fail to Cease Interrogation After Suspect Makes Ambiguous Invocation of Right to Counsel and ‘Initiates’ Request for Further Communication with ...

Article • February 15, 2023 • from CLN March, 2023

Filed under: After Request for Counsel

New Jersey Supreme Court: Edwards Violation When Police Fail to Cease Interrogation After Suspect Makes Ambiguous Invocation of Right to Counsel and ‘Initiates’ Request for Further Communication with Police by Jacob Barrett by Jacob Barrett The Supreme Court of New Jersey ruled that under the Edwards rule the defendant did …

News in Brief

Article • November 15, 2022 • from CLN December, 2022

Filed under: News in Brief

News in Brief by Alabama: Court documents revealed the week of Oct. 3, 2022, show that a former Brookside police chief, Mike Jones, was indicted by a grand jury for speeding and impersonating an officer. AL.com reported that Jones had resigned from his post as the town’s Chief of Police …

Third Circuit Announces Conspiracy to Commit ‘Crime of Violence’ Not ‘Crime of Violence’ for Purposes of Sentencing Enhancement Under Guideline § 2K2.1(a)(4)

Article • October 15, 2022 • from CLN November, 2022

Third Circuit Announces Conspiracy to Commit ‘Crime of Violence’ Not ‘Crime of Violence’ for Purposes of Sentencing Enhancement Under Guideline § 2K2.1(a)(4) by Douglas Ankney by Douglas Ankney The U.S. Court of Appeals for the Third Circuit held that U.S. Sentencing Guidelines (“U.S.S.G.”) § 2K2.1 does not apply to conspiracy …

News in Brief

Article • October 15, 2022 • from CLN November, 2022

Filed under: News in Brief

News in Brief by Arkansas: A Mulberry police officer and two sheriff’s deputies from Crawford County were suspended after a video surfaced appearing to show them beating a man suspected of making violent threats. Maine Public Radio reported that the three officers were videoed by a bystander as they held …

New Jersey Supreme Court Orders New Trial Because Detective Failed to Clarify Suspect’s Ambiguous Request for Counsel During Interrogation

Article • September 15, 2022 • from CLN October, 2022

Filed under: New Trial/Judgment of Acquittal, Custodial Interrogations

New Jersey Supreme Court Orders New Trial Because Detective Failed to Clarify Suspect’s Ambiguous Request for Counsel During Interrogation by Douglas Ankney by Douglas Ankney  The Supreme Court of New Jersey reversed the convictions of Laura Gonzalez because a detective failed to clarify Gonzalez’s ambiguous request for counsel during her …

New Jersey Supreme Court Announces ‘Non-Transparent’ for Purposes of Tinted Window Violation Justifying Traffic Stop Means Front Windows Dark Enough That Police Can’t Clearly See People or Items Insid...

Article • August 15, 2022 • from CLN September, 2022

Filed under: Warrantless Searches, Traffic Stops

New Jersey Supreme Court Announces ‘Non-Transparent’ for Purposes of Tinted Window Violation Justifying Traffic Stop Means Front Windows Dark Enough That Police Can’t Clearly See People or Items Inside Vehicle by Anthony Accurso by Anthony W. Accurso The Supreme Court of New Jersey ruled that police lacked reasonable suspicion of …

New Jersey Supreme Court: Defendant Did Not Voluntarily Waive Privilege Against Self-Incrimination Because Police Persistently Contradicted and Undermined Significance of Miranda During Interrogation

Article • August 15, 2022 • from CLN September, 2022

Filed under: Police Misconduct, Custodial Interrogations/Statements, Miranda

New Jersey Supreme Court: Defendant Did Not Voluntarily Waive Privilege Against Self-Incrimination Because Police Persistently Contradicted and Undermined Significance of Miranda During Interrogation by Richard Resch by Richard Resch The Supreme Court of New Jersey held that because detectives repeatedly contradicted and undermined the importance of the defendant’s Miranda rights …

New Jersey Supreme Court Announces Framework for Determining Constitutionality of Warrantless Protective Sweep of Home Where Arrest Is Made Outside the Home

Article • August 15, 2022 • from CLN September, 2022

Filed under: Warrantless Searches, Arrest - Search Incident to

New Jersey Supreme Court Announces Framework for Determining Constitutionality of Warrantless Protective Sweep of Home Where Arrest Is Made Outside the Home by Douglas Ankney by Douglas Ankney In consolidated cases presenting an issue of first impression, the Supreme Court of New Jersey announced the framework for determining the lawfulness …

NJ Collects DNA Samples of All Babies Born in State and Police Can Access Data

Article • August 13, 2022

Filed under: DNA Evidence

NJ Collects DNA Samples of All Babies Born in State and Police Can Access Data by The New Jersey Office of the Public Defender and the New Jersey Monitor recently filed a complaint against the New Jersey Department of Health Division and Environmental Laboratories seeking access to subpoenas served to …