The Supreme Court of New Jersey’s decision in State v. Isaiah J. Knight offers a nuanced examination of the limits of reciprocal discovery in criminal cases, particularly focusing on the circumstances surrounding an affidavit recanting a witness’s previous identification of the defendant as the perpetrator of a crime. The facts…
In a landmark decision that underscores the evolving landscape of criminal law, the New Jersey Supreme Court in State v. Brandon M. Washington set forth new guidelines aimed at enhancing the reliability of eyewitness identification, a pivotal issue in criminal defense, especially in jurisdictions like Jersey City. The ruling reflects…
In a landmark decision, the New Jersey Supreme Court provided critical insights into the state’s witness tampering statute through the case of State v. William Hill. This case scrutinized the boundaries of lawful communication and witness intimidation, posing significant implications for criminal defense strategies. The core of the dispute revolved…
Although the United States Constitution and the New Jersey Constitution reflect the importance of the fundamental right to privacy, there exists a few doctrines which allow for warrantless search of a home. One such exception to the warrant requirement is the protective sweep doctrine. The United States Supreme Court determined…
On December 9, 2021 the New Jersey Appellate Division published a decision which struck down a portion of New Jersey’s terroristic threats statute. In State v. Calvin Fair, the defendant was charged with and convicted of terroristic threats. On appeal, Defendant argued constitutional over breadth regarding N.J.S.A. 2C:12-3(a). Said section…
The United States Constitution, through the Fourth Amendment, protects against unreasonable searches and seizures by the government. Article I, Paragraph 7 of the New Jersey Constitution, however, provides even greater protections against these unreasonable searches and seizures. Evidence obtained in violation of these constitutional protections is usually inadmissible as per…