State v. Singh

In State v. Singh, at the defendant’s trial for robbing a gas station, a police detective testified and narrated surveillance video footage. During the narration, he referred to an individual depicted in the video as “the defendant” twice. Defense counsel did not object. While showing the surveillance footage, the prosecutor asked about “the defendant’s shoes.” … Read more

State v. C.W.H.

In State v. C.W.H., the Appellate Division confronted a problematic trial in which the defendant was convicted of sexually assaulting his young daughter decades after the alleged crimes. The Appellate Division found plain error in testimony admitted from two of the State’s primary witnesses: the investigating detective and a relative who received the victim’s “fresh … Read more

United States v. Heatherly

The defendants frequented an internet chat room where users regularly shared child pornography. One user repeatedly live-streamed himself raping and sexually abusing his six-year-old nephew. The defendants encouraged him as he did so, and they repeatedly asked users for child pornography videos. A  jury convicted the defendants of receiving child pornography and related charges. The … Read more

Commonwealth v. Wallace

In Commonwealth v. Wallace, a jury convicted the defendant of aggravated assault and related charges. On appeal, he claimed seven points of error, including two evidentiary issues. The Superior Court affirmed. First, the defendant alleged that that the trial court committed reversible error by allowing the jury to view two photographs of the victim’s shooting … Read more

State v. Gerena

In State v. Gerena, the Appellate Division declined to follow precedent from the New Jersey Court of Errors and Appeals. If you practiced in front of the Court of Errors and Appeals, you probably expect cocaine to be in your next bottle of Coca Cola. Instead, the Appellate Division held that it is within the … Read more

Adams v. Rising Sun Med. Ctr.

In Adams v. Rising Sun Med. Ctr., the Superior Court dealt with cross appeals from a wrongful death and survival jury trial.  The administratrix of the decedent’s estate wanted to testify that she was present when the decedent told a doctor about her family’s medical history. According to the plaintiff, this evidence was admissible as … Read more

State v. Lora

In State v. Lora, the defendant led police on a high-speed chase after he stole a car from a dealership. The chase ended when police got in front of the fleeing car, and the defendant crashed into the police car. Defendant wanted to use the Attorney General’s Guidelines on Vehicular Pursuit of a Fleeing Suspect … Read more

Commonwealth v. Sami

In Commonwealth v. Sami, the Commonwealth appealed the trial court’s denial of a motion in limine to admit other acts evidence in a murder case. On appeal, the Commonwealth argued that the admission of drug paraphernalia evidence found in the defendant’s home was admissible under Rule 404(b) to show the defendant had “access to, knowledge … Read more

United States v. Heatherly

The defendants frequented an internet chat room where users regularly shared child pornography. One user repeatedly live-streamed himself raping and sexually abusing his six-year-old nephew. The defendants encouraged him as he did so. And they repeatedly asked users for other child pornography videos. A  jury convicted the men of receiving child pornography and conspiring to … Read more

Commonwealth v. Gboko

In Commonwealth v. Gboko, the Superior Court had to determine whether a testifying defendant is permitted to present character evidence for truthfulness. The defendant was charged with recklessly endangering another person and possessing an instrument of crime. He testified in his own defense. The Court held that Rule of Evidence 608 allows “a testifying defendant to … Read more