The Appellate Division continued in relevant part: On appeal, the State argues that the term "remedy" includes a criminal contempt charge. The more plausible interpretation, however, is that the term "remedy" includes the actions a court may take to address a...
Legal Procedures
Contempt and Violations Of Pre-Trial Release (Part 1)
On March 29, 2019, a three-judge appellate panel decided the consolidated Middlesex and Hudson County cases of State v. McCray and State v. Gabourel. The principal issue in both cases was whether defendants can be charged with criminal Contempt under 2C:29-9(a) for...
Obstructing The Administration of Law (Part 3)
Justice Timpone continued: The statute is unambiguous. It defines the explicit means by which one may be criminally liable for obstruction and requires affirmative interference. The statute's second sentence informs interpretation of the statute's meaning overall,...
Excluding the Public From Jury Selection (Part 3)
The fact that the public-trial right is subject to exceptions suggests that not every public-trial violation results in fundamental unfairness. Indeed, the Court has said that a public-trial violation is structural because of the "difficulty of assessing the effect of...
Excluding the Public From Jury Selection (Part 2)
Generally, a constitutional error that did not contribute to the verdict obtained is deemed harmless, which means the defendant is not entitled to reversal. However, a structural error, which affects the framework within which the trial proceeds defies harmless error...
Excluding the Public From Jury Selection (Part 1)
On June 22, 2017, the United State Supreme Court decided the case of Kentel Weaver v. Massachusetts. When petitioner was tried in a state trial court, the courtroom could not accommodate all the potential jurors. As a result, for two days of jury selection, an officer...
Brady Violations and Materiality (Part 3)
Petitioners' problem is that their current alternative theory would have had to persuade the jury that both Alston and Bennett falsely confessed to being active participants in a group attack that never occurred; that Yarborough falsely implicated himself in that...
Brady Violations and Materiality (Part 2)
The Turner Court held that the withheld evidence was not material under Brady. The Government does not contest petitioners' claim that the withheld evidence was "favorable to the defense." Petitioners and the Government, however, do contest the materiality of the...
Brady Violations and Materiality (Part 1)
On June 22, 2017, the United States Supreme Court decided the case of Charles Turner and Russell Overton v. United States. Petitioners and several others were indicted for the kidnaping, robbery, and murder of Catherine Fuller. At trial, the Government advanced the...
Evidence at Detention Hearings: Part 5
The New Jersey Supreme Court draws guidance from precedent that interpreted a law similar to the CJRA. The traditional balancing test for due process claims does not require the State to present live testimony at every hearing. Pretrial detention significantly...