On June 12, 2020 the New Jersey Supreme Court issued a per curiam opinion in the Union County case of State v. Antwan Horton. This opinion was a revision of the original opinion that issued two days earlier. A “per curiam” opinion is one in which the application of the law to the facts is […]

The New Jersey Supreme Court concluded with the following in relevant part: The decisions of the MCPO defendants who considered whether Seidle could be re-armed and then remain armed were prosecutorial functions exercised on behalf of the State. As such, those determinations, as well as the claims of improper training and supervision of Neptune law […]

The New Jersey Supreme Court continued in relevant part: The Court articulated two purposes advanced by its holding: it eliminated uncertainty for county prosecutors as to whether defense and indemnification would be provided, and it avoided the anomalous results that could occur based on the State’s potential for vicarious liability for the same actions. Importantly, […]

The New Jersey Supreme Court continued in relevant part: The MCPO defendants appealed and the Appellate Division concluded that the Attorney General properly differentiated between law enforcement and administrative functions with respect to the original complaint but erred when not consistently applying that approach to the subsequent complaints. The appellate court found that compliance with […]

On July 28, 2020, the New Jersey Supreme Court decided the Monmouth County case of Christopher J. Gramiccioni v. Department of Law and Public Safety. This case dealt with the standards for holding prosecutors and other members of law enforcement civilly liable with regard to actions that touch upon their official employment functions. A case […]

The New Jersey Supreme Court concluded with the following in relevant part: The Court is unpersuaded by arguments that the statute’s delayed implementation date is likely attributable to the need to collect and report data or to afford time to address the housing of juvenile inmates. There is nothing in Section 26.1 to support that […]

Justice Timpone continued in relevant part: On September 18, 2015, the trial court sentenced J.V. in accordance with his plea deal. J.V. appealed, arguing that Section 26.1 should apply to him retroactively because of the ameliorative nature of the new waiver statute and that he therefore was entitled to a new waiver hearing. The Appellate […]

On June 11, 2020, the New Jersey Supreme Court decided the Morris County case of State v. J.V. The principal issue under N.J.S.A. 2A:4A-26.1 was whether the new juvenile waiver statute applied retroactively to juveniles who were sentenced before the statute became effective. Justice Timpone wrote for a unanimous Court in relevant part: Seventeen-year-old J.V. […]

The Court continued in relevant part: The Appellate Division reversed. 461 N.J. Super. 1, 20 (App. Div. 2019). The court explained that, “to satisfy the plain view doctrine when this case was decided, the State was required to establish: 1) a police officer was ‘lawfully in the viewing area’; 2) the officer ‘discovered the evidence […]

The New Jersey Supreme Court continued in relevant part: Estevez proceeded to knock on two interior doors, one on the first floor and one on the 2 second floor, both of which were answered by female residents who denied having any male roommates. Estevez then went to the second floor’s middle room door. As he […]