Bill Clinton made us all ask what the definition of “is” is. Now the Supreme Court in debated the meaning of “any” ruled that the Commonwealth may not establish a prima facie case at a preliminary hearing with hearsay alone, overruling Commonwealth v. Ricker.
When the Superior Court says it is going to employ “rationality and realism,” you know you’re in for a doozy. The appellant was charged with misdemeanors and summaries related to traffic tickets and poor driving. A jury acquitted him of the misdemeanor, but the trial judge immediately convicted him on the same record of the … Read more
Two defendant-physicians appealed the State’s use of grand jury subpoenas to access information contained in New Jersey’s Prescription Monitoring Program (PMP), which is a state-run database that keeps track of prescriptions of controlled dangerous substances. The Appellate Division determined that law enforcement agents properly sought subpoenas in the name of the investigating grand jury and … Read more
At appellant’s sentencing hearing in District Court, the sentencing judge never directly addressed appellant, though he did repeatedly note to appellant’s sentencing counsel that appellant would have a change to speak, if he wished. On appeal, the issue of whether or not the judge directly addressed appellant — as required by Rule 32 — was … Read more
In this per curium opinion, a jury deliberated to a partial verdict, but before a complete verdict could be reached a juror was excused for a preplanned vacation. Over defense objection, the trial court brought in a substitute juror and ordered the deliberations to begin anew. The Supreme Court held that this went directly against … Read more
#GrandJury #CrimPro #Homicide #LesserIncluded Appellant was indicted first-degree murder. At the grand jury presentment, a grand juror asked multiple times if there were different degrees of murder. Nonetheless, the prosecutor did not offer any instruction on lesser included crimes, but rather sought to “clarify” the issue. After reviewing other jurisdictions’ responses to the same issue, … Read more