State v. Sims

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

Commonwealth v. Carter

After the trial court granted the defendant’s suppression motion, the Commonwealth appealed, and the Superior Court reversed. The Court ruled that the suppression court ignored the stated basis for the suppression motion—that the defendant’s physical and psychological state was such that he could not knowingly, intelligently, and voluntarily waive his Miranda rights— and instead sua sponte … Read more