The Court of the Appellate Division affirmed Hedgespeth’s conviction for possession of a gun, holding that, though the trial court erred in admitting the defendant’s prior convictions, the error was harmless. The Court also ruled that an NJ State Police “no-permit” affidavit is non-testimonial hearsay, and its admission without the signer’s appearance did not violate … Read more
The Superior Court reversed the trial court’s order, which granted a motion in lime, holding that the trial court abused its discretion in excluding evidence related to the causation of the victim’s death.
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.
The Superior Court affirmed Talley’s convictions for stalking and related crimes. On appeal, Talley unsuccessfully argued that the trial court erred when: 1. it denied his 600B motion; 2. it sentenced him on two different sections of PA’s stalking statute; and 3. it admitted screenshots of text messages from the complainant’s phone.
In this medical malpractice case, the Superior Court vacated the judgment and remanded for a new trial. The Court held that the plaintiffs’ use of a textbook to cross-examine a defense doctor was improper and highly prejudicial.
Be careful who your friends are. The New Jersey Supreme Court handed down a significant Confrontation Clause decision. Three codefendants participated in a burglary, but one pled out and cooperated. The trial judge limited trial counsel’s ability to cross examine the cooperator with the full extent of his exposure at sentencing. And the Supreme Court … Read more
At a homicide trial, the State called the decedent’s daughter, who heard the defendant tell the decedent that, “if you can’t be with me, then you can’t be with anyone.” The Appellate Division held that the statement was admissible as the statement of a party opponent under N.J.R.E. 803(b)(1), as well as proof of motive … Read more
In this child sex assault prosecution, the Commonwealth called as a witness a forensic interviewer who testified about her interview of the minor victim. Over defense objections, she opined as to the importance of sensory detail for children generally, though she was not offered as an expert. The Superior Court found admission of this evidence … Read more
The NJ Attorney General’s Office’s Civil Rights Division brought suit under the Law Against Discrimination against defendant, a landlord, for turning down one prospective tenant because she was a Muslim and for making a negative comment to an undercover agent from the AG’s Office regarding her gender when she tried to rent an apartment from … Read more