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
The Appellate Division dealt with two important constitutional issues in State v. Sims. First, the Court was asked to determine whether police officers were required to inform the defendant of the charges he was arrested for, even if no charges had yet to be formally filed. Relying on the New Jersey Supreme Court’s holdings in … Read more
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
The Court of the Appellate Division affirmed the defendant’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 … Read more
Bill Clinton made us all ask what the definition of “is” is. In Commonwealth v. McClelland, the Pennsylvania Supreme Court debated the meaning of “any,” overruled Commonwealth v. Ricker, and held that the Commonwealth may not establish a prima facie case at a preliminary hearing with hearsay alone.
The defendant was tried and convicted for offenses related to a non-fatal slashing. Although no physical evidence linked him to the crime, surveillance footage captured the incident, and the victim selected the defendant’s picture from a photo array. A woman, who witnessed the attack, identified the defendant as the attacker to police but was unwilling … Read more
At a homicide trial, the State called the decedent’s daughter, who heard the defendant tell the decedent, “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 under … Read more