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, 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…
In a landmark decision, the New Jersey Supreme Court weighed in on a crucial issue of first impression: Must a criminal defendant be provided in-person interpreting services during a jury trial, or will video remote interpreting (VRI) suffice? The case of State v. Juracan-Juracan dives into this question, addressing a…
Attorney Stephen Natoli successfully argued before a three-judge panel that his client’s rights had been violated during a 2019 trial handled by prior counsel. Following the trial, Defendant was sentenced to twenty-three (23) years in prison. He had been serving his prison sentence when he retained Mr. Natoli for his…
Under the Sixth Amendment of the United States Constitution and the laws of New Jersey, suspects are entitled to have an attorney present while they are held in custody for questioning. But how explicit must your request for counsel be? In State v. Laura Gonzalez, the Supreme Court of New…
Three Strikes Laws were adopted in certain jurisdictions to protect the public from habitual offenders who repeatedly commit certain violent crimes. These law typically mandate a sentence of life imprisonment without parole for a third-time offender. In New Jersey, the crimes that constitute “strikes” include those such as murder, manslaughter,…
Witness “impeachment” refers to the process of attacking a witness’s credibility and the accuracy of their testimony at trial. The Federal Rules of Evidence and the New Jersey Rules of Evidence both allow the impeachment of a witness’s credibility by use of their prior convictions. However, when the witness is…
The Confrontation Clause, which is found in the Sixth Amendment of the United States Constitution, provides that “in all criminal prosecutions the accused shall enjoy the right to confront the witnesses against him”. Article 1, Paragraph 10 of the New Jersey Constitution also guarantees this right…
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…