Defendant claims that his right to due process requires the State to call a live witness at a pretrial detention hearing. Defendant focuses on the need for live testimony for the State to establish probable cause, not to argue for detention. The CJRA, N.J.S.A....
Legal Procedures
Evidence at Detention Hearings: Part 3
The New Jersey Supreme Court held that neither the statute's plain language nor principles of due process require the State to present testimony from a live witness at every detention hearing. Instead, the State may proceed by proffer to try to satisfy its burden of...
Evidence at Detention Hearings: Part 2
The trial court rejected defendant's claims. The court first found that the State could proceed by proffer at a detention hearing. The court relied on the language and legislative history of the CJRA and also looked to federal law for support. The court noted as well...
Evidence at Detention Hearings: Part 1
On August 1, 2017, Chief Justice Rabner wrote for a unanimous New Jersey Supreme Court in the case of State v. Amed Ingram. The principle issue was whether the Criminal Justice Reform Act requires the State to present testimony from a live witness at detention...
Appellate Deference & Video Evidence: Part 4
The Court rejects the de novo standard introduced in Diaz-Bridges. A policy of deferring to findings of fact of a trial court based on its review of video and documentary evidence has certain tangible benefits. When more than one reasonable inference can be drawn from...
Appellate Deference & Video Evidence: Part 3
Generally, on appellate review, a trial court's factual findings in support of granting or denying a motion to suppress must be upheld when those findings are supported by sufficient credible evidence in the record. The issue here, however, concerns the level of...
Appellate Deference & Video Evidence: Part 2
The interrogation proceeded, and defendant continued to suggest that he did not want to speak. Eventually, he indicated that "it happened" when, after a shower, he was drying himself and his daughter entered the bathroom. In ruling on the motion, the trial court...
Appellate Deference & Video Evidence: Part 1
On June 21, 2017, in the case of State v. S.S., Justice Albin wrote for a unanimous New Jersey Supreme Court. In this interlocutory appeal, the Court determines two issues: what is the appropriate standard of appellate review of a trial court's factual findings based...
Pre-trial Detention Discovery: Part 3
With those principles in mind, and based on the Rule’s practical application since January 1, 2017, the Court clarifies and revises Rule 3:4-2(c), effective at once. The revisions are to be read with Rule 3:13-3, which obligates the State to provide full discovery...
Pre-trial Detention Discovery: Part 2
The police arrested defendant Habeeb Robinson for killing a victim. According to the affidavit, two eyewitnesses saw the shooting. One identified defendant from a six-person photo array; the other identified a photo of defendant. The Preliminary Law Enforcement...