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Article • December 21, 2018 • from CLN January, 2019
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 …
Article • October 29, 2018 • from CLN November, 2018
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 …
Article • September 24, 2018 • from CLN October, 2018
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 …
Article • September 23, 2018 • from CLN October, 2018
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 …
Article • September 20, 2018 • from CLN October, 2018
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 …
Article • August 20, 2018 • from CLN September, 2018
Filed under: Guilty Pleas
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 …
Article • August 20, 2018 • from CLN September, 2018
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 …
Article • July 21, 2018 • from CLN August, 2018
Filed under: Criminal Prosecution
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 …
Article • July 8, 2018
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 …
Article • June 18, 2018 • from CLN July, 2018
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 …
Publication • 2018
New Jersey Banned Books List - 2018
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.      …
Article • April 19, 2018 • from CLN May, 2018
New Jersey Supreme Court Interprets Criminal Harassment Statute to Avoid First Amendment Problem by Christopher Zoukis by Christopher Zoukis In a case involving a dispute between two prison guards, the Supreme Court of New Jersey clarified the kind of conduct necessary to expose an individual to criminal liability for verbally …
Article • April 19, 2018 • from CLN May, 2018
Sixth Circuit Denies Qualified Immunity for Officers in No-Knock Home Entry Case by Richard Resch by Richard Resch On October 29, 2014, at about 4 a.m., 13 Highland Park, New Jersey, police officers performed a no-knock entry into the Greer family home. Without knocking or announcing their presence, the officers …
Article • April 19, 2018 • from CLN May, 2018
Trenton Police Officers’ ‘Violent’ Comments Captured on Body Camera by Derek Gilna by Derek Gilna Trenton, New Jersey, police officers were captured on video making light of using flashlights to subdue suspects and ridiculing a critically injured gunshot victim suffering from a head wound. All of the incriminating comments were …
Article • April 19, 2018 • from CLN May, 2018
$42 Million Paid Out in Decade of New Jersey Police Criminality, Abuse by Local governments in New Jersey have had to pay out more than $42 million over the last 10 years because of police criminality and abuse, according to a new series of investigative reports by the Asbury Park …
Article • March 12, 2018
Filed under: Staff-Staff Assault
New Jersey Customs Agents Indicted for "Rape Table" by Mark Wilson by Mark Wilson "Once the lights go out, they grab you like a gang, and they forcibly throw you on the table and one officer ended up mounting me and pretty much riding me like a horse," said Customs …
Article • March 2, 2018
Filed under: False Arrest
$390,000 Settles New Jersey False Arrest Suit by Christopher Zoukis by Christopher Zoukis A lawsuit brought by a woman who was caught up and arrested in a case of mistaken identity has settled for $390,000. The case, brought in the Essex County, New Jersey Superior Court settled during mediation on …
Article • February 22, 2018
Filed under: Police Misconduct, Police
Cop Who Firebombed Supervisor's House Gets 20 Years by Christopher Zoukis by Christopher Zoukis A rogue police officer from the Edison, New Jersey police department has been sentenced to 20 years in prison following his guilty plea to a string of violent offenses, including the firebombing of his boss's house. …
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