The unanimous New Jersey Supreme Court continued in relevant part: Defendant’s plea was accepted, and jail credits were assessed per time accrued on each charge. Defendant argued that all of the 4727 days of jail credit should be applied to the aggravated assault charge even though he had accrued only 1012 days on that charge.  […]

On May 2, 2019, the New Jersey Supreme Court decided the Cape May County case of State v.  Isiah T. McNeal. This was a per curiam opinion. This means that the decision called for such a straightforward application of the law to the facts that none of the justices needed to conduct their own independent […]

The majority concluded with the following in relevant part:  On the other hand, if it turns out that the police essentially tracked Roberts’ full statement of confidence on the photo display report form and offered no confirmatory feedback, defendant would be hard-pressed to show that a technical violation of Rule 3:11(d) was “clearly capable of […]

Chief Justice Rabner continued in relevant part: The Court outlines the points that such a charge should include and notes that counsel should request such a charge when the facts warrant it. The Court asks the Model Jury Charge Committee to amend the model charge. In this case, the officers did not comply with Rule […]

The majority continued in relevant part: The Court relies on its supervisory powers to require, further, that when it is not feasible to make an electronic recording of an identification procedure, law enforcement officers must document the reasons for not having done so. The same requirement applies when officers cannot prepare a contemporaneous, verbatim written […]

The Supreme Court continued in relevant part: In Henderson, the Court reaffirmed Delgado. 208 N.J. at 252. To guard against confirmatory feedback, the Court required law enforcement to record a witness’ statement of confidence “in the witness’ own words before any possible feedback.” Id. at 254. Henderson added that “if an eyewitness’ confidence was not […]

Chief Justice Rabner continued in relevant part: The Appellate Division affirmed defendant’s conviction.  The panel found that “the failure to record Roberts’ actual words” of confidence was not “a sufficient violation (if a violation at all) of Delgado and Rule 3:11 to warrant exclusion of the evidence.” The Appellate Division also rejected defendant’s belated challenge […]

The majority continued in relevant part: Eugene Roberts pulled into the driveway of his home in Newark. As Roberts got out of his car, three men approached him. One of the men pointed a revolver at Roberts’ torso and demanded money. Another man, later identified as defendant Ibnmauric Anthony, asked for Roberts’ car keys. The […]

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 Justice Rabner wrote for a 6-1 majority, with Justice Albin filing a dissent. The Chief Justice […]

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 ensures that a defendant’s right against self-incrimination is protected in the inherently coercive atmosphere of custodial interrogation. […]