The late Justice Ginsburg continued on behalf of the 5-4 majority of this plurality opinion in relevant part: If an out-of-court statement is testimonial, it may not be introduced against the accused at trial unless the witness who made the statement is unavailable...
Justice Patterson concluded in relevant part: In combination with disclosures concerning the State’s experts, those enumerated categories of documents enable a person facing an SVPA commitment hearing to present evidence and counter the State’s proofs. Those documents...
The unanimous New Jersey Supreme Court continued in relevant part: The Court concurs with P.D. that Rule 4:74-7 does not govern civil commitment proceedings under the SVPA. The limited discovery available under Rule 4:74-7 is focused on the terms of the general civil...
Justice Patterson continued in relevant part: A person facing a civil commitment hearing under the SVPA may not take discovery under Rule 4:10-1, Rule 4:17-1, or Rule 4:18-1. The discovery permitted by those rules is not authorized by the SVPA and cannot be...
Justice Albin continued for the unanimous court in relevant part: When, in his opening statement, the prosecutor alerts the jury that it will hear testimony that the defendant confessed to the crime and then fails to present evidence to support that anticipatory...
On July 7, 2020, the New Jersey Supreme Court decided the Somerset County case of State v. Rahsjahn Courtney. The principal issue under N.J.S.A. 2C:35-12 was whether the prosecution was required to formally apply for an extended term sentence in order to prevent the...
The Appellate panel continued in relevant part: B. The evidence presented by J.G. and C.C. Under existing case law, a registrant can challenge his or her individual classification, but cannot challenge the RRAS itself. Nevertheless, we do not read In re G.B. or its...
Justice Timpone continued in relevant part: We emphasize that Trinidad played a central role in the incident. The record shows he personally assaulted Jeter, lied in official reports to cover up his crimes, and similarly instructed Sutterlin to falsify reports. By...
The amended 2C:52-2 section ends with the following: d. In the case of a State licensed physician or podiatrist convicted of an offense involving drugs or alcohol or pursuant to section 14 or 15 of P.L.1989, c.300 (C.2C:21-20 or 2C:21-4.1), the petitioner shall notify...
On August 6, 2019, the New Jersey Supreme Court decided the Camden County case of State v. Keith Cuff. The principal issue under the kidnapping statute, N.J.S.A. 2C:13-1, is whether omitting questions in the verdict sheet pertaining to the less serious kidnapping...