Advocate’s Almanac

Recent Posts from Advocate’s Almanac

• N.J. Supreme Court Rejects Defendant's Alleged Right to Perjury for Lesser Plea

  In State v. Taccetta, the N.J. Supreme Court rejected a defendant's post-conviction relief claim of ineffective assistance of counsel. The decision may be found here. Defendant, an alleged member of an organized crime family, faced…

• N.J. Supreme Court Reaffirms Particularity Requirement for Warrants

  Today the N.J. Supreme Court reaffirmed the principle that warrants must state the place to be searched with particularity. The Court also reaffirmed the concept that the Court cannot delegate to the police the detached,…

• N.J. Supreme Court Rejects Missing Witness Jury Charge Against Criminal Defendant

  For years, the decision in State v. Clawans permitted judges, in appropriate circumstances, to charge juries that a party's failure to call a witness who naturally would have been called may give rise to an…

• Communications Data Warrant for Stored Email Permitted on Lower Standard Than Wiretap

  In a follow-up decision to the recent rejection of a suppression motion, the N.J. Appellate Division reversed a Trial Court decision which limited the State's Communications Data Warrant seking stored email to two weeks prior…

• N.J. Supreme Court Defines "Armed With a Deadly Weapon"

  Under N.J. criminal statutes, robbery is in the first degree (between 10 and 20 years' imprisonment) where it is "armed." Otherwise it is second degree (between 5 and 10 years imprisonment). But how is "armed"…

• NJ Appellate Court Addresses Re-Interrogation After Break in Questionining Due to Assertion of Right to Counsel

  State v. Wessells (NJ Appellate Division)Facts: An incident occurred which resulted in five individuals being shot, of whom all but two were killed. A police investigation led to the arrest of co-defendant Raheem Clay (‘Rah’).…

• N.J. Supreme Court Addresses 'Community Caretaking' Exception to the Warrant Requirement

  State v. Bogan(NJ Supreme Court)Facts: A fourteen year old girl, Kathleen, was found alone and crying. She stated she had been molested earlier that day by a family friend, Anthony Bogan. The police were notified…

• U.S. Supreme Court Upholds the Voting Rights Act (For Now)

  Yesterday the Supreme Court did not, as expected, strike down the 1965 Voting Rights Act in Northwest Austin Municipal Utility District Number One v. Holder. That legislation was passed and intended to rectify the appalling…

• Sammy Sosa Steroid Disclosure - Breach of Attorney Confidentiality Obligations

  It has been widely reported that Sammy Sosa's results from the MLB "anonymous" drug testing, from 2003, have been leaked by to the press by an attorney. The positive results for steroids have been reported…

• Public Office Disqualification? Not For All Convictions

  Yesterday the Appellate Division of the Superior Court of N.J. decided State v. Hupka, which decision can be found here, and reversed the Trial Court decision to forfeit a former officer's right to future public…