On March 13, 2019, the New Jersey Supreme court decided the Essex County case of State v. Ibnmauric Anthony. The principal issue involved the required procedures surrounding eyewitness identifications and the remedies for failures to follow the procedures. Chief...
Legal Procedures
Limited English Miranda Rights Waivers (Part 4)
The Supreme Court continued in relevant part: To ensure that a person subject to custodial interrogation is adequately and effectively apprised of his rights, the United States Supreme Court developed the Miranda warnings. The administration of Miranda warnings...
Limited English Miranda Rights Waivers (Part 3)
Justice Solomon continued in relevant part: The Appellate Division reversed, finding the State failed to prove defendant made a voluntary decision to waive his Miranda rights. 452 N.J. Super. 587, 590 (App. Div. 2018). The panel found that “the trial judge’s analysis...
Limited English Miranda Rights Waivers (Part 2)
The Court continued in relevant part: During the course of the interrogation that followed, defendant admitted to touching his step-granddaughter inappropriately. A grand jury indicted defendant for multiple counts of sexual assault and for endangering the welfare of...
Limited English Miranda Rights Waivers (Part 1)
On April 1, 2019, the New Jersey Supreme Court decided the Bergen County case of State v. A.M. Justice Solomon wrote for a unanimous Court. The principal issue under Miranda v. Arizona, 384 U.S. 436 (1966), was whether there was a valid rights waiver by the defendant...
Contempt and Violations Of Pre-Trial Release (Part 7)
Judge Yannotti concluded in relevant part: The Supreme Court affirmed our judgment, substantially for the reasons stated in our opinion. The Court concluded that in view of the legislative goals of the criminal contempt statute and the State's juvenile justice system,...
Contempt and Violations Of Pre-Trial Release (Part 6)
The three-judge panel continued in relevant part: We also stated that contempt of court should not be superimposed as an additional remedy in a probation violation setting if the act that occasions the violation is not otherwise criminal. We concluded that when the...
Contempt and Violations Of Pre-Trial Release (Part 5)
The Appellate Division continued in relevant part: The Court added that, "The no-contact orders in the defendant's bail orders did not lose their character as judicial no-contact orders merely because bail consequences could attach for their violation. As judicial...
Contempt and Violations Of Pre-Trial Release (Part 4)
Judge Yannotti continued in relevant part: The State further argues that New Jersey's case law confirms its ability to charge a defendant with contempt under if the defendant purposely or knowingly violates a condition in a pretrial release order. In support of that...
Contempt and Violations Of Pre-Trial Release (Part 3)
The three-judge panel continued in relevant part: Defendants argue that in passing the CJRA, the Legislature intentionally omitted a similar provision authorizing prosecution for contempt of court for a violation of a condition of pretrial release. In this regard, we...