On March 27, 2024, the New Jersey Supreme Court decided the Union County case of State v. Kalil Cooper. The principal issue under N.J.S.A. 2C:33-30 was whether conspiracy to distribute a controlled substance could be used a predicate offense for promoting organized...
The Appellate Division concluded with the following in relevant part: A defendant's "slurred speech, loud and abrasive behavior, disheveled appearance, red and bloodshot eyes and strong odor of alcoholic beverage on his breath are sufficient to sustain a conviction...
The Court continued in relevant part: Apart from notice-demand requirements, we also believe it worthwhile for the Legislature or the relevant Supreme Court Committees to explore means of abating the time and travel burdens upon nurses, chemists and other third-party...
The Appellate Division continued in relevant part: The Supreme Court in Miller did interpret N.J.S.A. 2C:35-19(c) in a manner which excised the statute's additional proviso that the party objecting to the admission of the lab certificate identify his or her "specific...
The three-judge panel continued in relevant part: In making these general observations, we by no means intimate in this case that defense counsel's insistence upon the presence of lab chemist Messana and of hospital worker Gallant at his client's DWI trial was...
The Court continued in relevant part: The Legislature was acutely conscious of these burdens when it adopted N.J.S.A. 2A:62A-10 and 11. Through this statute the Legislature sought to encourage medical professionals who draw blood from DWI suspects to cooperate with...
The Appellate Division continued in relevant part: Having applied, as we must, the doctrinal holdings of Crawford and Davis to the hearsay statements before us, we now address the practical ramifications of these constitutional analyses. We do so with a full awareness...
Our case law reflects some ambivalence about whether the Confrontation Clause of the New Jersey Constitution, which has roots in our original state constitution of 1776, should be read more broadly than its federal counterpart. Compare State v. Daniels ("There is...
The three-judge panel continued in relevant part: Defendant also contends that he is independently entitled to cross-examine the authors of the laboratory reports and the blood sample certificate under the Confrontation Clause of the New Jersey Constitution, article...
The Appellate Division continued in relevant part: However, other courts following Crawford have reached different conclusions. For example, in State v. Caulfield, the Minnesota Supreme Court classified as testimonial a report from a state laboratory identifying a...