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  • Commentaries
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New Jersey Case Commentaries

Prospective Application of New Mitigating Factors in Sentencing: State v. Rahee Lane

Prospective Application of New Mitigating Factors in Sentencing: State v. Rahee Lane

Date: Jun 17, 2022
Prospective Application of New Mitigating Factors in Sentencing: State v. Rahee Lane Introduction The case of State of New Jersey v. Rahee Lane (251 N.J. 84) presents a significant judicial...
New Jersey Supreme Court Refines Rescue Doctrine: Upholding Human Life Priority while Limiting Property Claims

New Jersey Supreme Court Refines Rescue Doctrine: Upholding Human Life Priority while Limiting Property Claims

Date: Jun 14, 2022
New Jersey Supreme Court Refines Rescue Doctrine: Upholding Human Life Priority while Limiting Property Claims Introduction In the landmark case of Ann Samolyk and John Samolyk,...
Acoli v. New Jersey State Parole Board: Establishing the "Substantial Likelihood" Parole Standard

Acoli v. New Jersey State Parole Board: Establishing the "Substantial Likelihood" Parole Standard

Date: May 11, 2022
Acoli v. New Jersey State Parole Board: Establishing the "Substantial Likelihood" Parole Standard Introduction Sundiata Acoli, a/k/a Clark Edward Squire, Appellant, v. New Jersey State Parole Board,...
Reinforcing Miranda Protections: NJ Supreme Court Upholds Suppression of Illegally Obtained Confession

Reinforcing Miranda Protections: NJ Supreme Court Upholds Suppression of Illegally Obtained Confession

Date: May 3, 2022
Reinforcing Miranda Protections: NJ Supreme Court Upholds Suppression of Illegally Obtained Confession Introduction The case of State of New Jersey v. O.D.A.-C., 250 N.J. 408 (2022), presents a...
State of New Jersey v. Sims: Upholding Miranda Waiver Standards and Addressing Confrontation Clause under N.J.R.E. 804(b)(1)(A)

State of New Jersey v. Sims: Upholding Miranda Waiver Standards and Addressing Confrontation Clause under N.J.R.E. 804(b)(1)(A)

Date: Mar 17, 2022
State of New Jersey v. Sims: Upholding Miranda Waiver Standards and Addressing Confrontation Clause under N.J.R.E. 804(b)(1)(A) Introduction In the landmark case of State of New Jersey v. Anthony...
Balancing Confidentiality and Transparency in Internal Affairs Reports: Establishing a New Precedent under NJ OPRA

Balancing Confidentiality and Transparency in Internal Affairs Reports: Establishing a New Precedent under NJ OPRA

Date: Mar 15, 2022
Balancing Confidentiality and Transparency in Internal Affairs Reports: Establishing a New Precedent under NJ OPRA Introduction The case of Richard Rivera v. Union County Prosecutor's Office, et al....
Reinstatement of Summary Judgment in TCA Premises Liability Case

Reinstatement of Summary Judgment in TCA Premises Liability Case

Date: Feb 10, 2022
Reinstatement of Summary Judgment in TCA Premises Liability Case Introduction The case of Thomas J. Stewart and Julie Stewart v. New Jersey Turnpike Authority/Garden State Parkway and Earle Asphalt...
Race and Sex Insufficient for Reasonable Suspicion: NJ Supreme Court Limits Investigatory Stops

Race and Sex Insufficient for Reasonable Suspicion: NJ Supreme Court Limits Investigatory Stops

Date: Jan 26, 2022
Race and Sex Insufficient for Reasonable Suspicion: NJ Supreme Court Limits Investigatory Stops Introduction In State of New Jersey v. Peter Nyema et al. (249 N.J. 509, 2022), the Supreme Court of...
Protective Sweeps in Residential Arrests: Establishing Reasonable and Articulable Suspicion Requirements

Protective Sweeps in Residential Arrests: Establishing Reasonable and Articulable Suspicion Requirements

Date: Jan 21, 2022
Protective Sweeps in Residential Arrests: Establishing Reasonable and Articulable Suspicion Requirements Introduction In the landmark case State of New Jersey v. Christopher Radel & Keith Terres, the...
New Jersey Supreme Court Establishes 20-Year Look-Back Period for Juvenile Offenders in State v. Comer and State v. Zarate

New Jersey Supreme Court Establishes 20-Year Look-Back Period for Juvenile Offenders in State v. Comer and State v. Zarate

Date: Jan 11, 2022
New Jersey Supreme Court Establishes 20-Year Look-Back Period for Juvenile Offenders in State v. Comer and State v. Zarate Introduction The Supreme Court of New Jersey, in its landmark 2022 decision...
Subordinate's Gender Bias Influences Termination: New Precedent under New Jersey's Law Against Discrimination

Subordinate's Gender Bias Influences Termination: New Precedent under New Jersey's Law Against Discrimination

Date: Dec 31, 2021
Subordinate's Gender Bias Influences Termination: New Precedent under New Jersey's Law Against Discrimination Introduction The landmark case of Michele Meade v. Township of Livingston (249 N.J. 310,...
Youth as a Mitigating Factor in Sentencing: Analysis of State v. Cynthia Rivera

Youth as a Mitigating Factor in Sentencing: Analysis of State v. Cynthia Rivera

Date: Dec 30, 2021
Youth as a Mitigating Factor in Sentencing: Analysis of State v. Cynthia Rivera Introduction State v. Cynthia Rivera (249 N.J. 285), adjudicated by the Supreme Court of New Jersey on December 29,...
C.R. v. M.T.: Affirmative Consent Standard Established under SASPA

C.R. v. M.T.: Affirmative Consent Standard Established under SASPA

Date: Sep 29, 2021
Affirmative Consent Standard Affirmed for SASPA Cases in C.R. v. M.T. (248 N.J. 428) Introduction In the landmark case of C.R. Plaintiff-Appellant v. M.T. Defendant-Respondent (248 N.J. 428), the...
New Jersey Supreme Court Upholds Legislative Burden of Proof in Child Abuse and Neglect Cases

New Jersey Supreme Court Upholds Legislative Burden of Proof in Child Abuse and Neglect Cases

Date: Sep 28, 2021
New Jersey Supreme Court Upholds Legislative Burden of Proof in Child Abuse and Neglect Cases Introduction In the landmark case of New Jersey Division of Child Protection and Permanency v. J.R.-R....
New Jersey Supreme Court Affirms Fundamental Fairness: Prohibits Sentencing Based on Acquitted Conduct

New Jersey Supreme Court Affirms Fundamental Fairness: Prohibits Sentencing Based on Acquitted Conduct

Date: Sep 24, 2021
New Jersey Supreme Court Affirms Fundamental Fairness: Prohibits Sentencing Based on Acquitted Conduct Introduction The State of New Jersey v. Mark Melvin and State of New Jersey v. Michelle...
Affirmed: Under OPRA, Dog Ownership Does Not Create a Reasonable Expectation of Privacy for License Information

Affirmed: Under OPRA, Dog Ownership Does Not Create a Reasonable Expectation of Privacy for License Information

Date: Sep 21, 2021
Affirmed: Under OPRA, Dog Ownership Does Not Create a Reasonable Expectation of Privacy for License Information Introduction The case of Ernest Bozzi v. City of Jersey City and Irene McNulty (248...
New Jersey Supreme Court Narrows Interpretation of License Plate Statute to Uphold Constitutional Rights

New Jersey Supreme Court Narrows Interpretation of License Plate Statute to Uphold Constitutional Rights

Date: Aug 3, 2021
New Jersey Supreme Court Narrows Interpretation of License Plate Statute to Uphold Constitutional Rights Introduction In the landmark case State of New Jersey v. Darius J. Carter and Miguel A....
Sanitized Lay Opinion Testimony Admissibility: State v. Sanchez Decision

Sanitized Lay Opinion Testimony Admissibility: State v. Sanchez Decision

Date: Jul 23, 2021
Sanitized Lay Opinion Testimony Admissibility: State v. Sanchez Decision Introduction In the landmark case of STATE of New Jersey v. Damian Sanchez, decided on July 22, 2021, the Supreme Court of New...
Defining Proximate Cause in Legal Malpractice: Gilbert v. Stewart (247 N.J. 421)

Defining Proximate Cause in Legal Malpractice: Gilbert v. Stewart (247 N.J. 421)

Date: Jul 22, 2021
Defining Proximate Cause in Legal Malpractice: Gilbert v. Stewart (247 N.J. 421) Introduction The case of Brenda Gilbert v. Kenyatta K. Stewart, decided by the Supreme Court of New Jersey on July 21,...
Strict Compliance with the Tort Claims Act: A New Precedent in H.C. Equities v. County of Union

Strict Compliance with the Tort Claims Act: A New Precedent in H.C. Equities v. County of Union

Date: Jul 20, 2021
Strict Compliance with the Tort Claims Act: A New Precedent in H.C. Equities v. County of Union Introduction In the landmark case of H.C. Equities, LP v. County of Union, New Jersey, and Union County...
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