New Jersey Supreme Court Holds Months-Long Delay Between Interrogations Not a ‘Break in Custody’ to Avoid Miranda Rights for Pretrial Detainee by Dale Chappell by Dale Chappell Concluding that there is a difference between those in prison and those in pre-trial detention, the Supreme Court of New Jersey held that …
New Jersey - disapproved publications list (2019) NEW JERSEY DOC DISAPPROVED PUBLICATIONS LIST - JUNE 2019 101 t hings t o do with M ac Metal Binding and Cheese 30/40 Plus ALL ISSUES 33 St ratigies of wa r 48 laws of Power Absolute Green La ntern Absolutely Evereything WWE …
NJ Supreme Court: Failure to Advise Suspect of Pending Charges Before Waiver of Right Against Self-Incrimination Requires Suppression of Statements by Douglas Ankney by Douglas Ankney The Supreme Court of New Jersey ruled that when police obtain a suspect’s waiver of his right not to incriminate himself before informing the …
New Jersey Board Finds Suspending Drivers’ Licenses Because of Failure to Pay Court Fines Doesn’t Work by Dale Chappell by Dale Chappell Reaching a conclusion that most people already knew, the New Jersey Judicial Commission issued a report finding that suspending someone’s driver’s license when they fail to pay a …
Former New Jersey Police Chief Faces Rare Federal Hate Crime Charges by A U.S. district judge ruled in December 2018 that federal hate crime charges against a now-retired New Jersey police chief – the first of their kind in about decade – will not be dismissed, paving the way to trial. …
New Jersey Supreme Court: Detention of Motel Room Occupants After Reason for Police Visit Resolved Is Unlawful Seizure, Evidence Subject to Exclusionary Rule by Richard Resch by Richard Resch The Supreme Court of New Jersey ruled that police detention of motel room occupants for warrant checks after a noise complaint …
New Jersey No Kickbacks (2016) CHAPTER 37 AN ACT concerning inmate telephone charges and supplementing Title 30 of the Revised Statutes. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: C.30:4-8.11 “Private correctional facility” defined. 1. For the purposes of this act, “private correctional …
Police Misconduct Threatens Over 20,000 New Jersey Drunk Driving Convictions by Derek Gilna by Derek Gilna The New Jersey Supreme Court has issued a report and order that could result in the invalidation of at least 20,667 drunk driving convictions in the state, after a state police officer was charged …
New Jersey Supreme Court Holds DNA Exception Tolling Statute of Limitations Applies Only to Suspect Directly Identified by DNA by Dale Chappell by Dale Chappell Tolling of the statute of limitations under the DNA statute applies only to the “actor” directly linked to the crime by the DNA, and not …
New Jersey Supreme Court Holds Inventory Search May Not Serve as Ruse for Investigatory Search by Dale Chappell by Dale Chappell The Supreme Court of New Jersey held that police may not use an inventory search as a “ruse” to conduct a broader search to support an arrest, finding that …
New Jersey AG Intervenes in Possible Wrongful Conviction Case, Considers Reforms by Christopher Zoukis by Christopher Zoukis Newly appointed New Jersey Attorney General Gurbir Grewal has directed his prosecutors to take over an investigation into the 1993 murder conviction of two men who might be innocent. He also formed a …
New Jersey Supreme Court Holds 2014 Amendment to Megan’s Law Violates Ex Post Facto Clause by Dale Chappell by Dale Chappell The Supreme Court of New Jersey held that a 2014 amendment to the Violent Predator Incapacitation Act (“VPIA”), part of Megan’s Law, which applied to defendants who had violated …
New Jersey Appellate Division Extends Urbina Self-Defense Rule to Defense of Others in Plea Allocution by David Reutter by David Reutter The Superior Court of New Jersey Appellate Division held that a defendant was entitled to post-conviction relief (“PCR”) based on his claim that his guilty plea was involuntary due …
New Jersey AG Intervenes in Possible Wrongful Conviction Case, Considers Reforms by Christopher Zoukis by Christopher Zoukis Newly appointed New Jersey Attorney General Gurbir Grewal has directed his prosecutors to take over an investigation into the 1993 murder conviction of two men who might be innocent. He also formed a …
New Jersey Supreme Court: Substantive Error to Amend Indictment to Change Degree of Felony on Eve of Trial by Matthew Clarke by Matt Clarke On April 25, 2018, the Supreme Court of New Jersey held that a trial court erred when, on the eve of trial, it permitted the State …
Public to pay for retirement of N.J. officer with four excessive uses of force by R. Bailey hy R. Bailey A Berkeley Township, New Jersey, patrolman was forced into almost a full year of paid leave because of his increased pattern of excessive use of force, and when his attempts …
Third Circuit Reverses Occupational Restriction in Excess of Statutory Maximum for Supervised Release by Matthew Clarke by Matt Clarke On September 14, 2017, the U.S. Court of Appeals for the Third Circuit reversed the portion of the sentence that restricted a former Realtor who had pleaded guilty to one count …
Families Against Mandatory Minimums: Everywhere and Nowhere -- Compassionate Release in the States, 2018 Everywhere and Nowhere Compassionate Release in the States By Mary Price June 2018 1 About the Author Mary Price is general counsel of Families Against Mandatory Minimums (FAMM). She directs the FAMM Litigation Project and advocates …
New Jersey Student Receives $290,000 Settlement after July 4 Police Assault by Christopher Zoukis by Christopher Zoukis Jonathan Wilson, a 22-year-old student and resident of Middletown, New Jersey, agreed to a $290,000 settlement as a result of being wrongfully assaulted, arrested, and prosecuted by the Red Bank Police Department. …
