In State v. Cruz-Pena, the Supreme Court held that a jury could make the highly fact-sensitive determination that the defendant committed kidnapping because the victim was held against her will for a “substantial period” where he held her captive for four to five hours while he sexually assaulted her, though he never moved her. In … Read more
The 3rd Circuit held that conferral of Temporary Protected Status under § 1254a of the Immigration and Nationality Act does not constitute an “admission” under § 1255 of the Act.
The Supreme Court determined that Mother failed to demonstrate Decedent was a dependent child – and concomitantly, that Father had a duty of care – as required to secure forfeiture of Father’s share in Decedent’s estate.
The Supreme Court held that a court does not defer to an administrative agency’s interpretation of the plain meaning of an unambiguous statute because statutory interpretation is a question of law for the court.
The Third Circuit held that a conviction under 21 U.S.C. § 841(a)(1) and (b)(1)(C) is not a “covered offense” within the meaning of the First Step Act.
The Supreme Court ruled the State cannot prosecute contempt charges for a defendant’s violation of a condition of pretrial release.
In this custody dispute, the trial court appointed a guardian ad litem (“GAL”) and granted access to the parties’ mental health over the past 3 years. Mother (C.L.) appealed and argued her mental health records were privileged. The Court disagreed and held the parties privacy was protected because the trial court fashioned less intrusive alternatives … Read more
The Superior Court vacated Luster’s convictions for IDSI, unlawful contact with a minor, etc. and remanded the case for a new trial, holding that the Commonwealth’s late notice—the day of trial—of invocation of evidence pursuant to the TenderYears Hearsay Act was insufficient. Therefore, the trial court’s erred when it overruled Luster’s objection and permitted the … Read more
Harris and Jackson sought discretionary reductions of their sentences pursuant to § 404 of the First Step Act. The District Courts denied relief, and on appeal, the primary issue was § 404 eligibility. The Court of the Third Circuit vacated and remanded in United States v. Harris and reversed and remanded in United States v. … Read more
Gourmet Dining operated a “high-end” restaurant out of a building on the campus of Kean University. When Union Township issued tax assessments to the restaurant, Gourmet Dining appealed to the Tax Court. Gourmet argued was exempt based on an NJ law, which some buildings on college campuses. The Tax Court ruled in favor of the … Read more