Justice Fasciale continued in relevant part: Similarly, in the post-conviction context, a defendant seeking post-conviction relief (PCR) may be entitled to an evidentiary hearing upon a showing that "there are material issues of disputed fact that cannot be resolved...
On July 2, 2024, the New Jersey Supreme Court decided the Camden County case of In the Matter of Registrant R.S. The principal issue under N.J.S.A. 2C:7-13 concerned the prerequisites for a sex offender to obtain an evidentiary hearing on their Megan’s Law internet...
Chief Justice Roberts continued in relevant part: Historical evidence likewise lends little support to Trump’s position. The Federalist Papers on which Trump relies concerned the checks available against a sitting President; they did not endorse or even consider...
The United States Supreme Court majority continued in relevant part: The indictment also contains various allegations regarding Trump’s conduct in connection with the events of January 6 itself. The alleged conduct largely consists of Trump’s communications in the...
The Supreme Court continued in relevant part: The question then becomes whether that presumption of immunity is rebutted under the circumstances. It is the Government’s burden to rebut the presumption of immunity. The Court therefore remands to the District Court to...
The Supreme Court continued in relevant part: The Executive Branch has “exclusive authority and absolute discretion” to decide which crimes to investigate and prosecute, including with respect to allegations of election crime. Nixon, 418 U. S., at 693. And the...
The Chief Justice continued in relevant part: When the President acts pursuant to “constitutional and statutory authority,” he takes official action to perform the functions of his office. Fitzgerald, 456 U. S., at 757. Determining whether an action is covered by...
Chief Justice Roberts continued in relevant part: But there is also a compelling “public interest in fair and effective law enforcement.” Vance, 591 U. S., at 808. Considering these competing considerations, the Court concludes that the separation of powers principles...
The Supreme Court continued in relevant part: In Fitzgerald, for instance, the Court concluded that a former President is entitled to absolute immunity from “damages liability for acts within the ‘outer perimeter’ of his official responsibility.” Id., at 756. The...
Chief Justice Roberts continued in relevant part: Article II of the Constitution vests “executive Power” in “a President of the United States of America.” §1, cl. 1. The President has duties of “unrivaled gravity and breadth.” Trump v. Vance, 591 U. S. 786, 800. His...
